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Environmental Newsletter – December 2025 and January 2026
March 13th, 2026
– RURAL ENVIRONMENTAL REGISTRY
TOCANTINS
State of Tocantins regulates procedure for challenging hydrography data on rural real estate in the CAR and in environmental licensing
On December 23, 2025, the Tocantins Nature Institute (“NATURATINS”) published Normative Instruction No. 4/2025, establishing procedures for challenging hydrographic elements (rivers, streams, springs, lakes, and other bodies of water) represented in the official cartographic bases used by the agency in the Rural Environmental Registry (“CAR”), in Forest Exploration Authorizations, and in environmental licensing.
Objections can be filed whenever the interested party believes that the official hydrography does not correspond to reality in a certain field. To this end, the request must be accompanied by a technical report entered into by a qualified professional.
Verification by remote methods (satellite and drone images) is permitted in areas that are difficult to access, provided that it is adequately justified. NATURATINS’ technical team can conduct validations using remote sensing, request additions, or recommend in loco surveys. The result will be formalized in a conclusive opinion, classifying the challenge as “granted”, “partially granted”, or “denied”. Denied challenges can be resubmitted based on new evidence.
PARÁ
State of Pará publishes new normative instruction on CAR cancellation and suspension
On January 13, 2026, the State Secretariat for the Environment, Climate, and Sustainability (“SEMAS”) published Normative Instruction (“IN”) No. 1/2026, establishing the administrative procedure for the cancellation and suspension of CAR registrations recorded in the National Rural Environmental Registry System (“SICAR”) within the scope of the state government of Pará.
IN No. 1/2026 defines the cases in which the CAR can be canceled on a definitive basis, such as duplicate registrations, unification of real estate, transformation into urban perimeter, court decision, overlapping above the tolerance limits with protected areas or regularly titled estate, submission of false or missing information, and justified requests from the owner. Cancellation can be carried out at the request of the interested party or ex officio by SEMAS in the event of technical or legal indications of irregularity.
With regard to the suspension of the CAR, a precautionary and temporary measure can be applied in situations such as evidence of falsehood in the information declared, non-compliance with notifications, relevant overlaps with protected areas or validated CARs, court orders, complex land disputes, or requests from control bodies. During suspension, the CAR will not take effect until there is a decision on its withdrawal, reactivation, or permanent cancellation.
State of Pará establishes simplified analysis and rectification procedure for CAR for small rural properties
On January 23, 2026, Semas published IN No. 2/2026 the procedure for simplified analysis and rectification of CARs for small rural properties or possessions included in Pará’s Sicar.
The standard defines cases for permanent cancellation, including duplicate records, property consolidation, transformation into the urban perimeter, court decision, relevant overlaps, provision of false or omitted information, and requests from the owner. Cancellation may occur at the request of the interested party or on Semas’ own initiative.
IN No. 2/2026 also addresses the precautionary and temporary suspension of the CAR, applicable in situations such as evidence of irregularities, non-compliance with notifications, relevant overlaps, court orders, or land disputes, and provides that, during the suspension, the registration will have no effect.
FEDERAL
Special Environmental License created for strategic projects
On December 03, 2025, Brazil’s Senate approved Provisional Measure No. 1,308/2025, converted into Conversion Bill (“PL”) No. 11/2025, creating the Special Environmental License (“LAE”) for projects considered strategic by the Federal Government.
On December 23, 2025, the Federal Senate registered that Bill No. 11/2025 had been transformed into a legal norm. On the same date, Brazil’s Presidency sanctioned Law No. 15,300/2025. A draft legislative decree is currently awaiting a submission by the Joint Committee or the reporting officer for regulation.
The LAE will apply to activities or projects defined as strategic by decree, based on the Government Council’s biannual proposal. Among the cases expressly provided for are the reconstruction and resurfacing works on pre-existing highways connecting federal units, such as BR-319 highway, which links Porto Velho/RO to Manaus/AM. The regulation will also allow projects that use environmental resources and cause significant environmental degradation to apply for LAE, provided that they comply with the established conditions.
In parallel, the law has been the subject of legal challenges, via three Direct Actions of Unconstitutionality (“ADI”) – ADI No. 7913, ADI No. 7916, and ADI No. 7919 –, since December 2025, at the STF, by political parties (Partido Verde, Rede Sustentabilidade, and Partido Socialismo e Liberdade), as well as representative entities, such as the National Association of Municipal Environmental Bodies (“ANAMMA”), and the Articulation of Indigenous Peoples of Brazil (“APIB”). The entities challenge the provisions of both Federal Law No. 15,190/2025 and Federal Law No. 15,300/2025.
The proceedings indicate violations of constitutional principles, such as the right to a balanced environment (Article 225 of the Federal Constitution), the requirement for a prior environmental impact study, and the protection of indigenous peoples and traditional communities (Articles 216 and 231).
The proceedings were assigned to Justice Alexandre de Moraes and are currently in the initial stages with the STF. So far, there has been no preliminary injunction, no analysis of the merits, and no inclusion on the trial agenda.
Iphan publishes new normative instruction and standardizes environmental licensing
On December 01, 2025, the National Historical and Artistic Heritage Institute (“IPHAN”) published IN No. 6/2025, replacing IPHAN IN No. 01/2015 and reformulating the procedures for assessing impacts on cultural heritage in federal, state, district, and municipal environmental licensing.
In general terms, the normative instruction:
- Standardizes the analysis flow, broadens IPHAN’s integration with licensing bodies, and establishes more detailed requirements for projects with the potential to affect cultural assets (whether listed, registered, protected, valued, accredited, or in the process of recognition).
- Establishes a new analysis system based on the Activity Characterization Form (“FCA”), made available in the Heritage Impact Assessment System. The Specific Term of Reference is now issued automatically through the system, and is valid for two years, including the possibility of revalidation.
- Rearranges the required studies, with an emphasis on the Impact Assessment Reports for intangible, tangible, and archaeological assets, and formalizes the classification of projects by level, determining different requirements and field protocols for each type.
- The Impact Management Programs for cultural assets – including the management of intangible, tangible, and archaeological assets, and the integrated heritage education project – all interlinked with the content of the studies. Management reports and the Integrated Heritage Education Report are now a prerequisite for IPHAN’s conclusive opinion during the installation, operation, and renewal phases of the Operating License.
The regulation also established deadlines for IPHAN’s review and statements, ranging, for example, from 15 days for the analysis of FCAs to 60 days for the issuance of conclusive opinions – and up to 90 days in cases involving the preparation of an Environmental Impact Study and its corresponding report (“EIA/RIMA”).
PARANÁ
State of Paraná regulates exemption of several agricultural activities from environmental licensing
On January 06, 2026, the Water and Land Institute (“IAT”) published IN No. 1/2026 establishing the list of agricultural activities and projects considered to be unenforceable for environmental licensing in the state of Paraná.
The rule supplements the state framework introduced by State Law No. 22,252/2024, which provides general rules for environmental licensing, and by State Decree No. 9,541/2025, which regulates State Law No. 22,252/2024. Both regulations already provided for the possibility of exemption for low-impact activities.
The list of exempt activities is broad and includes traditional agricultural and livestock practices, routine rural production investments, and modernization initiatives. The list includes activities related to sustainable forest management, the establishment of planted forests, animal traceability, sanitary and environmental adjustments, pasture clearing without the commercial use of wood, among other low-impact rural measures.
IN No. 1/2026 also regulates the Declaration of Unenforceability of Environmental License (“DILA”), which can be requested by the interested party when there is a need to formally document the exemption from licensing. The DILA will be valid for 180 days and can be renewed, provided that the conditions that justified its issuance are maintained.
Any change in the conditions initially declared that increases the polluting potential or requires significant environmental intervention subjects entrepreneurs to apply for a license compatible with the new framework.
State of Paraná establishes criteria for exempting urban paving works from environmental licensing
On January 21, 2026, the IAT published IN No. 6/2026 , establishing requirements, criteria, guidelines, and procedures for the exemption from environmental licensing of urban paving works in the state territory.
Urban paving is exempt from licensing when located within municipal urban, urbanized or expansion zones, given its low pollution potential. In such cases, the environmental authority issues an automatic Declaration of Licensing Exemption (“Dlam”), without prejudice to municipal licensing when applicable.
The IN defines what constitutes urban‑paving works—earthworks, drainage, base and subbase layers, pavement types, sidewalks, signage, and bike lanes—provided no alteration of the original alignment occurs. Auxiliary activities with potential impacts (borrow areas, quarries, asphalt plants, crushing plants, disposal areas) remain subject to licensing.
Activities not meeting exemption criteria must obtain conventional licensing. Interventions in Permanent Preservation Areas (“APPs”) require specific authorization, and use of water resources remains subject to applicable water‑rights procedures.
The Dlam request must be submitted through IAT’s online system with required technical documentation. The Dlam is valid for up to ten years, renewable at the agency’s discretion.
RIO GRANDE DO NORTE
State of Rio Grande do Norte regulates environmental licensing for green hydrogen production
On January 08, 2026, the State Environmental Council of Rio Grande do Norte (“CONEMA”) approved CONEMA Resolution No. 2/2025, defining the procedures, criteria, and parameters for environmental licensing of green hydrogen production projects.
The regulation is in line with the federal legal framework for low-emission hydrogen (Federal Law No. 14,948/2024) and the state legal framework for hydrogen and green industry (State Law No. 12,336/2025), structuring a specific procedure for the green hydrogen chain in the state of Rio Grande do Norte.
According to Resolution No. 2/2025, electrolyzers with a capacity of up to 10 megawatts are exempt from licensing, provided that the project is not located within a Conservation Unit or its Buffer Zone, a Permanent Preservation Area (“APP”), an area involving native vegetation suppression, priority conservation areas, or areas with technically justified socioenvironmental vulnerabilities.
Regardless of the size of the project, the Risk Analysis Study, the Risk Management Plan, and the Emergency Action Plan will be required as part of the environmental licensing.
Annex I of Resolution No. 2/2025 classifies the size of the project according to the total power of the electrolyzers and their annual production (in terms of tons/year), indicating the environmental impact studies that must be prepared for each size, as follows:
- Micro and small size: Environmental Assessment Report;
- Medium and large size: Simplified Environmental Report; and
- Exceptional size: Environmental Impact Assessment and corresponding report.
TOCANTINS
State of Tocantins begins studies to regulate new environmental licensing law
On January 20, 2026, NATURATINS and the Secretariat for the Environment and Water Resources (“SEMARH”) began drafting a new environmental licensing law for the State of Tocantins.
The initiative launches a new stage in Tocantins’ environmental policy and comes at a time when licensing is still governed by State Law No. 3,804/2021, which establishes the procedures and instruments applicable to environmental licensing in the state.
The preliminary studies and discussions will be conducted in an integrated manner, including inter-institutional coordination and the participation of society and the productive sectors. The expectation is that the new regulations will improve rules, provide greater legal certainty, and increase the efficiency of state-level licensing procedures.
For more information, access: NATURATINS and SEMARH begin studies to regulate the new Environmental Licensing Law in Tocantins
MATO GROSSO
State of Mato Grosso extends validity of Provisional Operating Permit for rural activities
On January 6, 2026, State Decree No. 1,807/2026 was published, amending the wording of Article 1 of State Decree No. 262/2019 and providing for the Provisional Operating Permit for Rural Activities (“APF”) within the scope of the Single Environmental License (“LAU”) in the state of Mato Grosso.
The APF will authorize the exercise of extensive and semi-extensive agriculture and livestock activities until December 31, 2026, provided that certain procedural requirements are met. These include registering the rural property in the Mato Grosso Rural Environmental Registry System (“Simcar”), completing the standard application form provided by the State Secretariat for the Environment, and signing the Environmental Settlement Agreement (“TCA”) by the owner, possessor, or duly appointed legal representative.
ESPÍRITO SANTO
State of Espírito Santo amends general rules on environmental licensing
On January 20, 2026, Supplementary Law (“LC”) No. 1,139/2023 was published, amending LC No. 1,073/2023, which establishes the general rules for environmental licensing applicable to the state of Espírito Santo, as well as its procedures and guidelines.
The rule introduced conceptual and procedural changes to the state environmental licensing regime, with the revision and expansion of legal definitions related, among other points, to the expansion of projects, project changes, environmental impact assessment, cases of exemption and waiver of licensing, public consultation, specific environmental authorizations, and types of environmental licenses.
In addition, the environmental legitimization procedure was regulated, providing for the Environmental Regularization License (“LAR”) as an instrument applicable to projects under implementation or operation without a valid license, linked to the execution of a settlement agreement. Additionally, State Law No. 1,139/2023 establishes maximum deadlines for the analysis and issuance of licenses and authorizations, rules for automatic renewal in specific cases, standardization of environmental conditions, autonomy of state licensing in relation to authorizations from agencies that are not part of the “National Environmental System” (“Sisnama”) and the “National Water Resources Management System” (“Singreh”), as well as the possibility of establishing special conditions in licensing when adopting technologies or environmental management programs that meet standards more stringent than those legally required.
GOIÁS
State of Goiás regulates the mandatory application of the IPÊ System Matrices in environmental licensing
The rule defines the Matrices as the official consolidated set of questionnaires, studies, documents, geospatial data, declarations and parameters required in both licensing and DAI processes. These matrices are structured by activity type, project size and licensing modality and are directly embedded in the IPÊ System for submission, simulation, verification and technical analysis.
All technical units and case analysts must strictly apply the Matrices during review and decision-making. The rule prohibits imposing any requirement not expressly included in the applicable Matrix.
Exceptionally, additional requirements may be requested when justified by technical or legal constraints preventing proper analysis. Such requests must be:
- Formally submitted to the IPÊ Matrices Technical Committee;
- Supported by technical rationale;
- Demonstrably indispensable; and
- Approved in advance by the competent thematic management unit.
The Committee must issue a reasoned decision within 15 days. Lack of a decision does not authorize imposition of non-matrix requirements.
MINAS GERAIS
Working Group established to propose regulations for the General Environmental Licensing Law and environmental licensing of strategic projects in Minas Gerais
On January 27, 2026, Joint Resolution No. 3,397/2026 was published in the ) by Semad, the State Environmental Foundation (Feam), the State Forestry Institute (IEF), and the Minas Gerais Water Management Institute (Igam), establishing a Working Group (“WG”) for the purpose of evaluating and proposing regulations, within the territory of the state of Minas Gerais, for Federal Laws No. 15,190/2025 and No. 15,300/2025.
The WG’s responsibilities include identifying necessary adjustments, assessing the need to amend or repeal current regulations, proposing regulatory and supplementary rules, and suggesting adjustments to the internal procedures of the state environmental administration.
The WG will be coordinated by FEAM’s Environmental Regularization Support Directorate (DRA), with the participation of FEAM’s Regional Management Directorate (DGR) and SEMAD’s Standards and Procedures Advisory (Asnop), with the delegation of coordination permitted.
Representatives from other agencies and entities that are part of the State System for the Environment and Water Resources (Sisema) may participate, and legal consultations may be conducted with Feam’s Attorney General’s Office.
The working group will remain in place for one year from the publication of Resolution No. 3,397/2026 and may be extended for an equal period at the discretion of the FEAM president.
MATO GROSSO DO SUL
Resolution amends provisions on infrastructure activities in the state environmental licensing of Mato Grosso do Sul
On January 27, 2026, the State Secretariat for the Environment, Development, Science, Technology, and Innovation (“Semadesc”) published Resolution No. 139/2026, amending the wording of provisions in Annex II of Resolution No. 9/2015, regarding the rules and procedures for state environmental licensing in Mato Grosso do Sul.
Resolution No. 139/2026 modifies item 2.60.0 of Annex II, expressly providing for the inclusion of maintenance, restoration, conservation, and traffic capacity adjustment activities – the latter provided that it does not exceed the limits of the right-of-way – relating to roads, highways, railways, pipelines, power transmission and distribution lines, and telephone lines, ports, and airports, covering both the main equipment (such as tracks, pipelines, and towers) and their right-of-ways and drainage areas.
The act also amends the wording of item 2.62.2 of Annex II, now called “Existing Highway/Road/Paving, Duplication,” and adjusts the description of the typology within the scope of environmental licensing.
PIAUÍ
The state of Piauí extends the environmental licensing requirement for the financing of agroforestry projects
On January 09, 2026, the Piauí State Council for the Environment (“CONSEMA/PI”) – linked to SEMARH – published CONSEMA Resolution No. 59/2026, which repeals CONSEMA Resolution No. 59/2026 and establishes a new extension to the deadline for environmental licensing requirements for agroforestry and livestock projects that apply for financing from financial institutions.
The regulation aims to review and extend the previously established deadline, postponing until December 31, 2027, the requirement for environmental licensing applicable to agroforestry and livestock activities to obtain bank financing for operating and investment expenses.
According to the resolution, financial institutions must require, as a condition for the instruction and granting of financing, the presentation of the environmental licensing application protocol, to be carried out at SEMARH, regarding the project that will benefit from the credit.
RIO GRANDE DO SUL
Fepam updates rule on environmental audits
On January 15, 2026, the Henrique Luiz Roessler State Environmental Protection Foundation (“Fepam”) published Ordinance No. 578/2026, revoking FEPAM Ordinance No. 32/2016, which established criteria and guidelines for conducting environmental audits in the state of Rio Grande do Sul.
The repeal stems from the publication of CONSEMA Resolution No. 541/2025, which now, at the state level, regulates the activities and projects subject to environmental audits, as well as the applicable criteria and guidelines, and amends Articles 81 and 89 of State Law No. 15,434/2020.
RIO DE JANEIRO
Inea regulates prior approval for the installation and expansion of urban infrastructure in state Conservation Units
On January 6, 2026, the Rio de Janeiro State Environmental Institute (“Inea”) published INEA Resolution No. 332/2025 , establishing the procedures for prior approval set out in Article 46 of Federal Law No. 9,985/2000, applicable to the installation and expansion of urban infrastructure networks in state conservation units and their respective buffer zones (“ZA”).
The standard defines the installation, expansion, replacement, reconditioning, and maintenance of infrastructure, as well as the list of activities and urban infrastructure equipment subject to prior approval, including road systems, drainage, water supply, sewage networks, electricity, piped gas, telecommunications, and solid waste management.
The rule defines the scope of infrastructure subject to prior approval, including transportation systems, drainage, water supply networks, sewage networks, electricity, piped gas, telecommunications, and solid waste systems. Prior approval is mandatory for:
- Infrastructure installation or expansion within UCs where such activities are permitted;
- Buffer Zones of Full‑Protection UCs;
- Private properties not yet indemnified but located within UC boundaries;
Areas surrounding conservation units without a defined ZA, adopting a two-kilometer default radius, in accordance with INEA Resolution No. 301/2024.
Approval may occur:
- Within the environmental licensing process when licensing applies; or
- Through Environmental Authorization (“AA”) when the activity is exempt from licensing.
Licensing exemption does not waive the obligation to obtain prior approval, except for specifically exempted cases such as individual household connections to water, sewage, electricity, gas, or telecommunications networks.
The rule also sets general project guidelines, requiring minimal‑impact alternatives, alignment with UC objectives, consideration of climate‑change impacts and application of circular‑economy principles.
SÃO PAULO
State of São Paulo establishes the Adopt a Park Program and regulates the receipt of donations
On January 15, 2026, the São Paulo State Foundation for Forest Conservation and Production published Normative Ordinance No. 1/2026, establishing the Adopt a Park Program. The ordinance regulates the receipt of donations intended to support programs, projects, actions, and protected areas under the management of the Forestry Foundation.
The regulation covers the receipt of financial donations, movable and immovable assets, durable goods, consumables, and services provided by private individuals or private‑sector entities, with no cost to the Foundation. Formalization requires a Donation Term and publication of a brief extract in the State Official Gazette. Public‑sector legal entities are exempt from the public call requirement.
The program also creates an internal committee composed of representatives from Regional Management Units, the Sustainable Public Use Center (“NUPS”), the Administrative and Financial Directorate and thematic directorates. This committee supports the internal processing and monitoring of donations.
Internal workflows for analysis, asset registration, administrative‑system integration and publication are established. Donors may publicize donations, including using logos and an “Adopt a Park Partner” seal, and may install signage within Conservation Units upon prior approval.
SERGIPE
State of Sergipe creates the State Commission for Prevention, Preparedness and Rapid Response to Environmental Emergencies involving Hazardous Products (CE P2R2/SE)
On January 27, 2026, State Decree No. 1,350/2026 was published, creating the State Commission for Prevention, Preparedness, and Rapid Response to Environmental Emergencies involving Hazardous Products (CE-P2R2/SE), within the state of Sergipe, linked to the State Superintendence for Protection and Civil Defense (“Supdec”).
The committee aims to coordinate integrated actions to prevent and respond to environmental accidents involving hazardous products, in line with the Federal Program “P2R2.” Among its duties are implementing the State P2R2 Plan, coordinating among public agencies, mapping risk areas, and defining action protocols.
The committee is composed of representatives from state government agencies and invited entities, such as the Brazilian Institute of the Environment and Renewable Natural Resources (“Ibama”), the Federal Highway Police (“PRF”), and the National Department of Transportation Infrastructure (“Dnit”), and has an Executive Secretariat run by Supdec.
The Internal Regulations are expected to be approved within 90 days of the publication of the decree.
– CLIMATE CHANGE, DECARBONIZATION, AND CARBON CREDITS
FEDERAL
Federal Government establishes national programs for the decarbonization of ports and shipping
On December 11, 2025, the Ministry of Ports and Airports published Ordinance No. 736/2025, establishing the National Port Decarbonization Program (“PND-Portos”) and the National Shipping Decarbonization Program (“PND-Navegação”).
This is a strategic initiative by the Federal Government aimed at structuring guidelines and collaborative actions with the port and navigation sector to reduce greenhouse gas (“GHG”) emissions throughout the waterway logistics chain.
The text assigns responsibility for structuring PND-Ports to the National Ports Secretariat (“SNP”), establishing that it may include measures to reduce emissions in Scopes 1, 2, and 3, ranging from direct emissions from port authorities to indirect emissions from supply chains, vessel operations, and associated travel. The SNP must publish the program’s structuring act within 365 days and ensure its publicity, monitoring, and periodic review.
Similarly, the National Secretariat for Waterways and Navigation (“SNHN”) is responsible for creating and managing the PND-Navigation, also with a deadline of up to one year for the publication of its structuring act. The targets and actions envisaged should be constantly monitored and reviewed, incorporating energy transition practices, operational efficiency, and emission reduction in inland and maritime navigation.
Ministry of the Environment and Climate Change, Ministry of Finance, and BNDES initiate structuring study on carbon credit certification in Brazil; Public notice will select technical analysis partner
On January 08, 2026, the Ministries of the Environment and Climate Change and Finance, in collaboration with the National Bank for Economic and Social Development (“BNDES”), executed a technical cooperation agreement to structure the foundations of the Brazilian carbon credit certification system – a step considered essential to consolidate the national voluntary market and enable its future interface with the Brazilian Emissions Trading System (“SBCE”).
This development was accompanied by the publication, on January 05, 2026, of Public Selection FEP Fomento Notice No. 01/2026, aimed at hiring an executing partner to develop the technical study “Carbon Credit Certification in Brazil”, with a budget of up to BRL 10 million and a term of 6 months (extendable at the discretion of the BNDES).
The study will be exclusively descriptive and informative, with no normative proposals, and will cover five main pillars:
- Diagnosis of the range of certifiers and verification bodies (Validation and Verification Body – “VVB”);
- Analysis of methodological gaps in existing standards, with a focus on emissions reduction (“REDD+”), ARR (Afforestation, Reforestation, and Revegetation), blue carbon, regenerative agriculture, and waste;
- Consolidated guidelines of national standards applicable to the certification and MRV (Monitoring, Reporting and Verification); and
- Study on cost reduction, scalability, and inclusion of small producers, traditional communities, and indigenous peoples.
However, the FEP Fomento Public Notice imposes eligibility rules: Organizations serving as certifiers, VVBs/OVVs, carbon project developers, or consultants with direct links to developers are excluded to avoid potential conflicts of interest (item 4.9). Thus, the public notice tends to attract academic institutions, research sites, or generalist consultancies with no direct involvement in certification or project development.
The deadline for submitting proposals to the BNDES was February 09, 2026, exclusively via the BNDES Customer Portal and e-CNPJ access for participants with a Gov.br silver or gold-level account.
FEDERAL DISTRICT
Federal District establishes Low-Carbon Hydrogen Policy
On December 24, 2025, Decree No. 48,103/2025 was published, instituting the Low-Carbon Hydrogen District Policy, which establishes its objectives, guidelines, and governance structure.
The regulation provides definitions such as “low-carbon hydrogen” (produced with emissions below the limits stipulated by Federal Law No. 14,948/2024, which establishes the legal framework for low-carbon hydrogen, including the use of carbon capture and storage technologies). The regulation also defines “green hydrogen” (produced by electrolysis using renewable energy), “hydrogen production chain” (covering the process from production to end use), and “hydrogen derivatives”, such as green ammonia and methanol.
The District Policy aims to promote the integrated development of the hydrogen chain, stimulate its application in strategic sectors – such as public transportation, agriculture, and industrial processes, foster technological innovation, increase the use of renewable energies, and contribute to meeting the district’s targets for reducing greenhouse gas emissions.
The regulation also aims to strengthen the Federal District’s competitiveness in the domestic and international hydrogen markets and to encourage the issuance of carbon credits under the SBCE, established by Federal Law No. 15,042/2024.
The guidelines include basing public actions on technical studies, integrating economic and logistical sectors, encouraging innovation, overcoming regulatory barriers, and prioritizing the use of low-emission hydrogen in carbon-intensive activities. The regulation ensures alignment with federal policies, such as the National Hydrogen Program (“PNH2”), the Brazilian Hydrogen Certification System (“SBCH2”), and the Special Incentive Regime for Hydrogen Production (“REHIDRO”).
The regulation also created the District Hydrogen Policy Steering Committee, which is responsible for coordinating and monitoring its implementation, proposing normative measures, fostering coordination between public and private institutions, and promoting social participation through consultations and thematic workshops.
The Management Committee is expected to be established within 90 days of the decree’s entry into force and will have 180 days to draft the first District Low-Carbon Hydrogen Plan, which will include targets, indicators, and at least 2 priority pilot projects.
– SOLID WASTE AND REVERSE LOGISTICS
FEDERAL
MMA updates guidelines for reverse logistics systems and sectoral agreements
On January 5, 2026, the Ministry of the Environment and Climate Change (“MMA”) published Ordinance No. 1,560/2026, maintaining, for the year 2026, the same reverse logistics targets established for 2025 in the Phase 2 schedule of Federal Decree No. 10,240/2020, applicable to household electronic products.
The 2025 targets set forth in Annex II of Federal Decree No. 10,240/2020 remain in effect, which include:
- The obligation to collect and dispose of 17% (by weight) of household electrical and electronic products placed on the market in 2018 in an environmentally appropriate manner; and
- Maintaining the territorial coverage planned for the 5th year of the Phase 2 schedule, with the installation of collection points in all listed municipalities, observing the minimum ratio of one point for every 25,000 inhabitants.
These targets will remain in place until new regulations are issued.
Furthermore, on January 5, 2026, Ordinance No. 1,561/2026 was published, amending:
(i) Ordinance No. 1,102/2024, which regulates the qualification criteria for entities managing reverse logistics systems for packaging in general; and
(ii) Ordinance No. 1,117/2024, which deals with the criteria for qualifying and calling result verifiers.
Among the changes provided for in Ordinance No. 1,561/2026, the following stand out:
- The inclusion of new materials in the categories of packaging in general, such as paper and long-life cardboard, metals, and glass.
- The definition of annual qualification windows for interested entities, standardizing (i) March 1 to 31 for management entities, and (ii) April 1 to 30 for result verifiers.
- The availability of public notices for interested entities in the National Solid Waste Management Information System (“Sinir”), with documentation to be submitted only within the established annual period.
SÃO PAULO
Cetesb updates rules for proving reverse logistics in licensing until 2029
On December 10, 2025, São Paulo State Environmental Company (“CETESB”) published Board Decision No. 079/2025/A, amending Board Decision No. 051/2024/P, which establishes the procedure for demonstrating compliance with reverse logistics within the scope of environmental licensing.
The new regulation extends the obligations until December 31, 2029, rearranging deadlines, targets, and methodological criteria for the sectors subject to SMA Resolution No. 45/2015. The resolution defines the guidelines for implementing and operationalizing post-consumer responsibility in the state of São Paulo, including packaging in general, real estate paints, over-the-counter household disinfectants, electronics, light bulbs, batteries, tires, lubricating oil and packaging, edible oil, oil filters, household medicines and packaging for products that make up the dry fraction of urban solid waste, as well as packaging with a significant environmental impact, such as those used for pesticides and automotive lubricating oil.
The second phase of the reverse logistics program extended through the end of 2025, with submission of the Annual Results Report (“RAR”) for the 2025 base year due by July 30, 2026. For the period from 2026 to 2029, the RARs must be submitted annually by July 30.
The regulation also requires reverse logistics systems to include, by March 31, 2026, proposals for new quantitative and geographical targets in the SIGOR Reverse Logistics system, with the possibility of revising the progression upon proof of technical and economic viability.
In case of non-compliance, Board Decision No. 079/2025/A provides for sanctions.
PERNAMBUCO
State of Pernambuco regulates the submission of the Annual Solid Waste Declaration and Reverse Logistics Report
On December 19, 2025, the Pernambuco State Environment Agency (“CPRH”) published Ordinance No. 238/2025, establishing rules for submitting the Annual Solid Waste Declaration (“DARS”) for 2026 – for the base year 2025 –, and for submitting the Reverse Logistics System Report, both through the Integrated Environmental Services System (“SISAM”).
The measure aims to align the state procedure with the obligations established in the National Solid Waste Policy, as provided for by Federal Law No. 12,305/2010, and with the mandatory use of the National MTR System, instituted by Ordinance No. 280/2020.
Ordinance No. 238/2025 establishes that the 2026 DARS must be accompanied by documents generated in the National Waste Transportation Manifest System (“MTR”), temporarily replacing the Industrial Solid Waste Control and Management System (“SGRI”), which will remain suspended during the ordinance’s effectiveness.
The industries listed in the Single Annex of CPRH IN No. 001/2019 must submit, via SISAM, the Waste Handling Declarations (“DMRs”) of the National Solid Waste Management Information System (“SINIR”) relating to waste generated in 2025. Other non-industrial generators must also submit the DMRs issued in SINIR’s MTR through the same channel.
Companies responsible for packaging reverse logistics systems must file, by June 30, 2026, the Reverse Logistics System Report for packaging produced in 2024 and recycled or recovered in 2025, in compliance with State Decree No. 54,222/2022. The decree defines the guidelines for implementing, structuring, and operating the reverse logistics system for packaging in general.
All the documents provided for in Ordinance No. 238/2025 – including DARs, DMRs, and the Reverse Logistics Report – must be submitted in PDF format via SISAM, through the appropriate processes (DARs or general request, as the case may be), with a deadline of June 30, 2026.
PARAÍBA
State of Paraíba extends deadline for submitting Annual Performance Report on Reverse Logistics for General Packaging
On December 30, 2025, the Superintendence of Environmental Management of Paraíba (“Sudema”) published Ordinance No. 120/2025, extending the deadline for submitting the Annual Performance Report on the Reverse Logistics System for Packaging in General to February 28, 2026.
According to the regulation, the report should consider 2023 as the base year and 2024 as the performance year.
AMAPÁ
State of Amapá establishes the State Program to Encourage the Creation and Strengthening of Work Cooperatives
On January 08, 2026, State Law No. 3,419/2026 was published, establishing the State Program to Encourage the Creation and Strengthening of Work Cooperatives in Amapá, aimed at waste pickers, artisans, small‑scale fishers, smallholder farmers, extractivists from traditional communities, and ecotourism projects.
Among the measures planned to implement the program, the state of Amapá will be able to finance equipment, machinery, and vehicles, build warehouses and sorting spaces for selective collection, offer training and technical assistance, adopt bureaucratic simplification actions, and grant specific tax exemptions, to be defined in future regulations.
The regulation also encourages municipal governments to hire waste picker cooperatives to carry out selective collection, in compliance with the instruments provided for in the National Solid Waste Policy (Federal Law No. 12,305/2010), encouraging the socio-economic inclusion of these workers in public waste management.
The implementation of the program’s measures will depend on its own budget appropriations, which may be supplemented. The State Executive Branch is expected to regulate the law to define criteria, access rules, support mechanisms, and details of the exemptions provided.
GOIÁS
State of Goiás launches reverse logistics legitimization campaign
On January 7, 2026, the Goiás State Secretariat of Industry, Commerce, and Services published Resolution No. 01/2026, establishing the Guidance Campaign for Reverse Logistics for Packaging in General, with the objective of promoting the legitimization of declaratory information, compliance with recovery targets, and adherence by companies required to participate in the Recicla Goiás System, regulated by State Decree No. 10,255/2023.
The campaign will initially last 60 days, during which time manufacturers, importers, distributors, traders, and management entities may be notified to correct pending issues, submit or update their reverse logistics plans, validate data, and prove their targets for previous cycles. The legitimization period will end on March 31, 2026.
The standard also specifies that failure to comply with notifications, lack of proof of targets, or non-compliance with the rules of the Recicla Goiás System will result in immediate referral to Semad, with the possibility of administrative penalties, such as warnings and fines. In addition to these penalties, the company may also be classified as environmentally delinquent, with repercussions on environmental licensing, authorizations, and certifications. Irregularities may also be referred to the Public Prosecutor’s Office, paving the way for civil environmental liability.
SANTA CATARINA
State of Santa Catarina regulates the use of the MTR System to control waste movement
On January 14, 2026, the Santa Catarina Institute of the Environment (“IMA”) published Ordinance No. 9/2026, establishing the conditions for use of the Waste and Tailings Movement Control System (“MTR System”) in the state.
The ordinance defines operational concepts related to waste management, such as generator, transporter, disposer, Waste Transport Manifest (“MTR”), Final Disposal Certificate (“CDF”), and Waste Movement Declaration (“DMR”), and establishes that, as a general rule, the external transport of waste and tailings in Santa Catarina must be accompanied by an MTR issued by the MTR System of the Santa Catarina Institute of the Environment (“IMA”), except for expressly provided exceptions.
Among the cases in which the MTR is not required are:
- Urban solid waste collected by the public service;
- Certain categories of construction waste;
- Waste covered by formal reverse logistics systems; and
- Waste from selective urban collection destined for cooperatives and waste generated in emergency situations.
For other types of waste, the issuance of the MTR remains mandatory, including for waste generated by commercial establishments or service providers not served by public collection.
The act also establishes the mandatory submission of the DMR on a quarterly basis starting in July 2026, and the Declaration of Urban Solid Waste Movement (“DMRSU”), to be submitted monthly by city halls and landfills that receive urban solid waste.
The issuance of the CDF is assigned exclusively to the sender, through the IMA’s MTR System, and the Solid Waste Management Plans (“PGRS”) of projects subject to state environmental licensing must be prepared in that system and forwarded to the licensing agency for analysis.
State of Santa Catarina publishes law on the use of slag and refractory waste from smelting as inputs
On January 22, 2026, State Law No. 19,725/2026 was published, establishing guidelines and criteria for the use of slag and smelting refractory waste as inputs in industrial or construction processes in the state of Santa Catarina.
The law authorizes the use of these wastes if they are not mixed with other wastes or foreign materials that alter their characteristics, in accordance with the applicable technical classification. The text provides for the exemption of environmental authorization for the use of wastes classified as Class II B – Inert.
The management of slag and refractory waste must comply with the priority order set forth in the National Solid Waste Policy (Federal Law No. 12,305/2010). In addition, the state environmental agency must establish a single mechanism for evaluating projects that use such waste, applicable to both the generator and the recipient.
Specific uses were also listed, such as application in road bases and sub-bases, manufacture of concrete or ceramic artifacts, landfill coverings, pipe laying, and paving, with other uses allowed upon authorization by the competent environmental agency.
PARANÁ
State of Paraná establishes commission to analyze reverse logistics plans and reports
On January 16, 2026, Joint Resolution No. 1/2026 was published in the Official Gazette of the State of Paraná establishing, within the scope of the State Secretariat for Sustainable Development (SEDEST) and the IAT, the committee responsible for analyzing Reverse Logistics Plans (“PLR”) and Reverse Logistics Supporting Reports (“RCPLR”), pursuant to Joint Resolutions SEDEST/IAT No. 20/2021 and No. 22/2021.
The standard defines the participants of the committee, with representatives from Sedest and IAT, and establishes its competence, which includes analyzing plans and reports submitted by manufacturers, importers, distributors, and retailers of post-consumer products and packaging, issuing technical opinions on the content submitted, and taking the necessary steps to properly evaluate the documentation.
Joint Resolution No. 1/2026 set January 31, 2026, as the obligated parties’ deadline to submit information related to the planning and implementation of reverse logistics systems.
AMAZONAS
State of Amazonas establishes guidelines for the use of recycled materials in state public works
On January 6, 2026, State Law No. 8,055/2026 was published, establishing guidelines for the State Policy to Promote the Use of Recycled Materials in Public Works within the state of Amazonas, with the aim of fostering sustainability, reducing solid waste, and using recycled materials, whenever technically feasible, in state public works.
The policy applies to the construction and maintenance of highways, bridges, viaducts and walkways, public buildings (such as schools, hospitals, and administrative buildings), urban and rural urbanization and infrastructure works, as well as basic sanitation and drainage projects.
The guidelines cover prioritizing the use of recycled materials and the reuse of construction waste, adopting technical selection and feasibility criteria in accordance with safety and quality standards, training professionals, and requiring plans for the use of recycled materials in bidding processes.
The agencies responsible for executing the works are required to maintain a database of suitable recyclable materials, monitor the implementation of the policy, and promote awareness-raising actions within the civil construction sector. The State Secretariat for the Environment will be responsible for monitoring the policy, preparing an annual report, and possibly creating a digital platform for publicizing information.
SANTA CATARINA
Santa Catarina updates standards and control parameters for the discharge of unregulated industrial and sanitary effluents
On December 16, 2025, the Santa Catarina State Environmental Council (“CONSEMA/SC”) enacted CONSEMA Resolution No. 299/2025, establishing new standards, parameters, and conditions for the discharge of industrial effluents, similar effluents (such as those from commercial activities, services, and condominiums) and sanitary effluents from systems not regulated by sanitation agencies into inland water bodies, lagoons, estuaries, and the sea.
In general terms, the regulation:
- Consolidates the set of monitoring parameters and establishes minimum frequencies of analysis according to the type of activity and the design flow rate of the Effluent Treatment Plant (“ETE”). It also establishes that, during the commissioning of new ETEs, the discharge of effluents outside the conditions of the monitoring program can be authorized, exceptionally and for up to 180 days (extendable upon technical justification), in order to validate the efficiency of the treatment system.
- Incorporates guidelines for environmental licensing, such as the possibility of the environmental agency making conditions more restrictive or altering them based on the characteristics of the effluent generated, the classification of the water body, the presence of water abstractions, and criteria provided for in Resolution No. 430/2011 of the National Environment Council (“CONAMA”).
- Allows monitoring to be waived for parameters classified as Monitoring Parameters (“AP”), when the operational effectiveness of the treatment and the absence of environmental impact have been proven.
- Devotes a specific chapter to sanitary effluents from unregulated systems, regulates the monitoring of oils and greases, and provides for parameters that must be monitored even without a defined launch standard.
- Regulates ocean‑disposal systems, establishing requirements to ensure compliance with bathing‑water quality standards, the protection of shellfish‑farming areas, and the preservation of the region’s ecological characteristics.
- Provides for specific technical studies, hydrodynamic modeling, and the definition of initial dilution limits.
The treated effluent monitoring reports must be submitted annually by March 31, containing a history of the last 12 months, comparisons with the applicable standards, and technical statements on any non-conformities.
Finally, CONSEMA Resolution No. 299/2025 states that its provisions will apply within 12 months of publication, on December 16, 2025 – except when monitoring is already provided for in a current environmental license.
TOCANTINS
NATURATINS publishes ordinance standardizing procedures for granting water use in the state of Tocantins
On January 16, 2026, NATURATINS issued Ordinance No. 10/2026, which standardizes the technical and administrative procedures for reviewing and regularizing the use of water resources in the state of Tocantins, replacing former Ordinances No. 904/2008 and No. 24/2022.
The NATURATINS Ordinance establishes a mandatory Term of Reference for all regularization modalities – including the granting of the right of use, declaration of insignificant use or accumulation, Prior Approval for Drilling Wells, and declarations of water availability. The ordinance also defines the information that must be included in technical and calculation reports and in hydrological analyses.
In addition, the regulation provides for self-declaration procedures for low-impact interventions, such as DUIs, DAIs, ANPs, and simple civil works. Digital filing replaces technical reports, but responsibility remains with the applicant and the technical officer, who are subject to audits, ex-officio reviews, and sanctions in the event of inconsistencies.
NATURATINS defines criteria for the measuring and self-monitoring of water use
On January 19, 2026, NATURATINS published Ordinance No. 14/2026, defining the criteria for mandatory measurement and self-monitoring of water use by authorized users in water bodies under the jurisdiction of the Tocantins state government.
Ordinance No. 14/2026 regulates the monitoring of water resource use, defining technical concepts such as self-monitoring, direct and indirect monitoring, telemetry, Water Resource Use Declaration (“Durh”), abstraction, effluent discharge, and water user. The installation of systems for measuring and recording the volumes collected or discharged is mandatory, including requirements that vary according to daily flow ranges, which may include indirect, direct, or telemetry monitoring for both water collection and effluent discharge.
Specific rules are also addressed for dams, collective concessions, areas of conflict and water scarcity, in addition to procedures in case of data transmission failure, as well as cases where the Durh is mandatory for collection and discharge, the frequency of information submission, and minimum monitoring parameters, including effluent quality criteria such as biochemical oxygen demand and total phosphorus, allowing for the requirement of additional analyses by the environmental agency.
Users not required to use telemetry may voluntarily join the system, with the possibility of extending the term of the concession and accessing the Continuous Concession Renewal (“ROC”).
Finally, the standard sets deadlines for the start of monitoring, assigns responsibility for the installation and maintenance of equipment to the user, and provides for the suspension or revocation of the concession in case of non-compliance.
SÃO PAULO
Cetesb establishes program to monitor the application of pig farming effluents
On January 14, 2026, Cetesb published Board Decision No. 89-C/2025, establishing the Program for Monitoring the Application of Effluents from Pig Farming Activities on Pastures, intended for pig farms with more than 2,000 breeding animals.
Participation is voluntary and aims to obtain field data to support the issuance of environmental licenses for these projects. It may be requested by pig farmers with licensing processes in progress at Cetesb, at no cost to the interested party.
Establishments that join the program and maintain regularity in presenting the required analysis results will be considered environmentally compliant for inspection purposes during the monitoring period. The standard also provides that, during the execution of the program, an environmental license may be granted to the enterprise.
The results of the analyses of raw effluent, treated effluent to be applied, soil, and groundwater, to be carried out by accredited laboratories, must be submitted to the environmental agency. The installation and maintenance of groundwater monitoring wells at the effluent application site are the responsibility of the entrepreneur.
Executive Board Decision No. 89-C/2025 establishes that effluent applied to the soil must comply with the parameters of CONAMA Resolution No. 503/2021, as well as the maximum limits defined in the Sole Annex to CETESB Executive Board Decision No. 067/2023, relating to microbiological and parasitological parameters. If soil and/or groundwater degradation or contamination is found, the application of effluent must be interrupted, and another form of final disposal or an alternative area must be proposed.
AMAPÁ
Law amends the Amapá State Water Resources Management Policy and includes responsibilities for dam safety
On January 13, 2026, State Law No. was published in the State of Amapá, amending Law No. 686/2002 on the State Water Resources Management Policy of the State of Amapá and introducing new provisions related to the safety of multi-purpose dams.
State Law No. 3,429/2026 adds new powers to the State Water Resources Council. On January 22, 2026, Semad published Ordinance No. 12/2026, establishing temporary thematic working groups linked to the event “1st Technical Cycle of Socio-Environmental Debates – Socioeconomic Aspects in Mining.”
Ordinance No. 12/2026 creates three working groups: WG 1 – Mitigation, WG 2 – Regional Development, and WG 3 – Mine Shutdown and Closure, which will work in coordination, observing the specificities of each theme. The WGs have deliberative, consultative, and propositional duties, with the purpose of supporting the organization, implementation, and technical, institutional, and participatory referrals of the debate cycle.
The responsibilities assigned to the WGs include defining methodologies and technical criteria applicable to mining activities, preparing diagnoses, technical notes, and reports, identifying technical, legal, institutional, or operational gaps related to the socio-environmental impacts of mining, and promoting interinstitutional dialogue and qualified participation from different sectors involved.
The coordination of the groups was distributed among different sectors, with Semad coordinating “WG 1,” the academic sector coordinating “WG 2,” and the productive sector coordinating “WG 3,” with Semad participating in all groups.
The ordinance establishes rules for the composition, functioning, and registration of activities, including the drafting of a final public report with diagnoses and recommendations. The working groups will remain in effect for one year.
– IBAMA’s FEDERAL TECHNICAL REGISTER
IBAMA standardizes TCFA tax review procedure under the competence of the agency’s presidency
On December 04, 2025, IBAMA published Ordinance No. 158/2025, which establishes the Standard Operating Procedure (“POP”) for the tax review of the Environmental Control and Inspection Fee (“TCFA”) when conducted by the president of IBAMA or by formally delegated officials. The new regulation governs the procedure applicable to requests for review of definitively established claims.
The regulation states that the TCFA tax review should not be considered as a means of supplementing defenses, reopening discussions on the merits, or introducing evidence that could have been submitted in the litigation phase, except when related to factual supervening.
Ordinance No. 158/2025 will come into force on March 02, 2026.
IBAMA standardizes procedures for TCFA tax administrative process
On December 10, 2025, IBAMA issued Ordinance No. 160/2025, establishing the Standard Operating Procedure (“POP”) for the first‑instance administrative proceedings related to the TCFA.
The regulation consolidates and organizes the detailed flow of instruction, analysis, and judgment of challenges, with the aim of guaranteeing isonomy, legal certainty, and standardization of the activities of preparatory agents and judging authorities in all IBAMA superintendencies.
The POP outlines sequential steps – from verifying the formal admissibility of the challenge, conducting internal or external visits, issuing a technical opinion, issuing the first‑instance decision, and any mandatory referrals to the second instance. It also includes standardized document templates to be used by agency staff.
The regulation also reinforces criteria already addressed by IBAMA Normative Instruction No. 17/2011, such as the rules for analyzing statute‑of‑limitations issues, requests for visits and expert examinations, documentary instructions, the issuance of notifications, criteria for adjusting size‑category corrections, and limits for reviewing activities declared in the Federal Technical Registry (“CTF”). Among the key points, the text clarifies that untimely challenges do not preclude an analysis on the merits, since the mere filing of the challenge suspends the enforceability of the tax liability during the administrative dispute.
Ordinance No. 160/2025 comes into force on March 02, 2026, and the new procedure will be compulsorily applied to all challenges to tax assessment notices from the first quarter of 2026.
IBAMA updates rules on Federal Technical Registry and redefines procedures for registration, regularity, and modifications
On December 26, 2025, IBAMA published IN No. 23/2025, amending IN No. 13/2021.
The new normative instruction updates definitions, internal responsibilities, and operational workflows involving the CTF/APP, reinforcing the role of IBAMA’s President in proposing mechanisms and technical chambers to harmonize regulatory oversight of the registry. In addition, the regulation redistributes roles to the General Coordination of Environmental Quality Management, the Coordination of Management and Integration of Environmental Quality Instruments, the Superintendencies, and the Technical-Environmental Divisions.
The regulation also revises the criteria for defining the start and end dates of legal entities’ activities in the CTF/APP – aspects that are essential for calculating the TCFA.
The start date is now deemed to be the date on which the company is enabled to carry out the activity, with the most recent verifiable date prevailing, such as the filing of its articles of association, the state/district tax registration related to an activity subject to the CTF/APP, the granting of public authorizations, or the issuance of the first invoice. The end date, in turn, is deemed to be the earliest verifiable date, considering, for example, the cancellation of the CNPJ (tax ID), the filing of the dissolution instrument, the expiration of environmental authorizations/licenses, and the last invoice issued, including the possibility of setting the date based on an on‑site inspection.
With respect to the Compliance Certificate, the document may also certify information held by other administrative spheres and will have its validity canceled if environmental irregularities subsequently arise.
Another key point is the revision of procedures for registry modifications that impact the TCFA. When a change results in the reduction or elimination of the fee and does not affect periods that have already been assessed, are under litigation, or have been settled, the amendment may be processed directly by the Technical‑Environmental Divisions, with notice to the collection team. If the change affects periods in which assessments have already been made, the process must be analyzed by IBAMA’s collection department. Temporary suspension of activity based solely on tax or accounting documentation will also require specific analysis by the tax collection team.
The regulation further establishes challenge and appeal procedures in cases where a request for a registry amendment is denied, granting a 20‑day period for filing a challenge and providing for a single hierarchical appeal to the Environmental Quality Instruments Management and Integration Office.
IN No. 23/2025 will take effect 60 days after its publication.
– PAYMENT FOR ENVIRONMENTAL SERVICES
SANTA CATARINA
State of Santa Catarina establishes state policy on payment for environmental services
On December 19, 2025, the state of Santa Catarina enacted State Law No. 19,677/2025, amending the State Environmental Code (State Law No. 14,675/2009) to create the State Policy on Payment of Environmental Services (“PSA”) and to structure the instruments, guidelines, and funding sources aimed at environmental conservation in the state.
The law defines the PSA as a voluntary transaction in which a payer – which can be the government, civil society organizations, or private agents – pays providers of environmental services for the maintenance, recovery, or improvement of natural areas and associated ecosystem services. The text also updates the code to allow the Annual Budget Law (“LOA”) to provide for specific appropriations regarding the PSA. The text further determines that the funds allocated for the State System of Conservation Units (“SEUC”) and the PSA be applied exclusively to program-related measures.
The measures range from the protection and restoration of native vegetation to the recovery of degraded areas, including the adoption of agro-ecological practices, the prevention of natural disasters, the conservation of fauna, the control of invasive exotic species, and nature-based urban actions for climate regulation and well-being. The law also allows for initiatives to fix and capture carbon, as well as reduce emissions from deforestation and conserve the genetic variability of flora and fauna.
Among the instruments for implementing the PSA, we highlight: Specific plans, programs, and projects; Incentives and conditional payments (pecuniary or non-pecuniary); Technical support and training; Priority areas for providing environmental services; and Creation of the State Registry for PSA Projects. Publicly funded projects must be registered in this registry, while private initiatives may join on a voluntary basis.
The law also provides for payment modalities, such as direct payment, the provision of social improvements to communities, mechanisms linked to REDD+, green bonds, lending and Environmental Reserve Quotas, among others that can be instituted through a future regulatory act.
GOIÁS
Semad establishes working groups to support socioenvironmental debates in mining
On January 22, 2026, SEMAD published Ordinance No. 12/2026, establishing thematic, temporary working groups (GTs) linked to the event “1st Technical Cycle of Socioenvironmental Debates – Socioeconomic Aspects in Mining.”
Ordinance No. 12/2026 establishes three GTs: GT 1 – Mitigation, GT 2 – Regional Development, and GT 3 – Mine Suspension and Closure, which will operate in a coordinated manner, taking into account the specificities of each topic. The GTs have deliberative, advisory, and propositional functions to support the organization, implementation, and technical, institutional, and participatory follow-up actions of the debate cycle.
The GTs’ assigned competences include defining methodologies and technical criteria applicable to mining activities; preparing diagnostics, technical notes, and reports; identifying technical, legal, institutional, or operational gaps related to the socioenvironmental impacts of mining; and fostering interinstitutional dialogue and the qualified participation of the different sectors involved.
Coordination of the groups was distributed across different sectors: Semad will coordinate GT 1, the academic sector will coordinate GT 2, and the industry sector will coordinate GT 3, with Semad participating in all groups.
The ordinance sets rules on the composition, operation, and record-keeping of activities, including the preparation of a public final report with diagnostics and recommendations. The GTs will be in effect for one year.
RIO DE JANEIRO
Inea standardizes procedures for identifying areas with signs of contamination and creates specific environmental authorization
On December 10, 2025, Inea published Resolution No. 327/2025, approving Operational Standard NOP-INEA-63.R-0, which guides and standardizes procedures for identifying areas with signs of contamination in activities without an environmental license issued by the agency, observing the guidelines set forth in Conama Resolution No. 420/2009.
Resolution No. 327/2025 creates the AA for Identification of Areas with Signs of Contamination (“AIC”), an instrument applied by Inea to enable the Identification Stage of Contaminated Area Management (“GAC”) when there is suspicion of contamination in unlicensed areas. This AA should be used in three situations:
- areas affected by leaks involving hazardous products;
- areas with evidence of contamination identified during inspections; and
- inactive municipal landfills, which are then subject to a formal preliminary assessment and confirmatory investigation.
The standard also determines the need for an AA for new requests for Operating and Recovery Licenses (“LOR”) and Environmental Recovery Licenses (“LAR”). For projects already undergoing LOR or LAR processes, the AA will not be required, as identification studies are part of the requirements for these licenses.
After completion of the AA, if contamination is confirmed, the responsible party must apply for a LAR or LOR and follow through with the complete management of contaminated areas.
CEARÁ
State of Ceará issues general regulation on environmental compensation
On December 31, 2025, the Ceará Secretariat for the Environment and Climate Change (“SEMA”) issued Normative Instruction No. 7/2025, establishing a new administrative procedure for the execution, oversight, amendment, and settlement of Environmental Compensation Settlement Agreements (“TCCA”).
The regulation also repeals Normative Instructions No. 02/2022 and No. 02/2023, which previously governed the matter at the state level.
The TCCA becomes a mandatory condition for the issuance of the Preliminary License and must be executed prior to the Installation License. The calculation of the amount due now follows an explicit formula that applies 0.5% to the project’s Reference Value – considered the total investment required for implementation –, excluding mitigation costs, environmental programs, financing arrangements, guarantees, and insurance.
The agreement may be carried out in physical, financial, or hybrid modalities, and SEMA’s State Environmental Compensation Chamber must approve in advance the Work Plan, as well as the related projects and schedules.
The regulation also establishes that non‑compliance with the TCCA can result in suspension of the license and restrictions on renewals, reinforcing the integration of the instrument into the environmental licensing process conducted by the State Environmental Superintendence.
SERGIPE
State of Sergipe establishes rules for the inspection of financial compensation for the exploitation of water, mineral, oil, and natural gas resources
On December 30, 2025, State Law No. 9,852/2025 was published, regulating the state government of Sergipe’s monitoring and oversight of revenues from the exploitation of water resources for electricity generation, mineral resources, and oil and natural gas, covering financial compensation and other related non-tax revenues.
The rule establishes that these activities will be carried out by the State Finance Department (“Sefaz”), which may enter into agreements with the Federal Government, states, the Federal District, municipalities, and public entities for cooperation purposes.
- Compensation for the exploitation of water resources for power generation (“CFURH”): exploration companies must submit to Sefaz, by the second business day after delivery of the documents to the National Electricity Regulatory Agency (“Aneel”), all the elements necessary for verification of the calculated amount, especially the CFURH Statement, containing the amount of energy generated, the Updated Reference Tariff (“TAR”), and the percentage of compensation applied.
- Financial compensation for mineral exploration (“CFEM”): companies and third-party explorers must send the documents relating to the calculation of CFEM per mineral substance to Sefaz within two business days after sending them to the National Mining Agency (“ANM”). Mandatory documents include the CFEM statement, the Annual Activity Report, and concession, permit, or assignment agreements.
- Compensation for oil and natural gas exploration: companies must submit to Sefaz, by the second business day after the deadline for submission to the National Agency of Petroleum, Natural Gas and Biofuels (ANP), all information necessary to verify the amounts due, including the Monthly Production Bulletin, the Quarterly Special Participation Statement, concession contracts, quarterly reports on expenditures per field, measurement, testing, and calibration reports, and proof of payment of participation fees due to landowners.
The law also provides for mechanisms to monitor physical measurements of oil and natural gas, allowing state tax authorities to monitor measurements on transport ships and storage tanks, with the form to be signed by both the tax representative and the operator.
Chapter V establishes specific fines, expressed in Standard Fiscal Units of the State of Sergipe (“UFP”), applicable to various infractions, such as:
- failure to submit statements, contracts, bulletins, or reports within the legal deadlines (1,000 UFPs per document);
- partial or total non-compliance with notifications (500 UFPs per document);
- delay in submitting requested information (100 UFPs per day, up to 3,000 UFPs).
The law authorizes the Executive Branch to issue supplementary rules necessary for its compliance and repeals contrary provisions, especially Law No. 5,854/2006.
SÃO PAULO
State of São Paulo consolidates the use of a system for authorizations for the management of wild and exotic fauna
On January 20, 2026, Semil published Resolution No. 1/2026, repealing SMA Resolution No. 92/2014 and consolidating the Integrated Wildlife Management System (“Gefau”) as the official platform for requesting and issuing authorizations related to the use and management of wild and exotic fauna, both in situ and ex situ.
The authorizations provided for in SIMA Resolution No. 115/2022 and SEMIL Resolution No. 9/2025, as well as in their supplementary acts, must be processed exclusively through Gefau, a computerized system for the management, registration, and control of activities and projects that use or manage wildlife in the state territory. The authenticity of the authorizations can be verified publicly through the system.
The act also stipulates that projects and activities that use or handle wild or exotic fauna must be previously registered with Gefau and keep their data permanently updated. Registration is conditional on prior enrolment in the State Technical Register of Potentially Polluting Activities or Natural Resource Users (“CTE”).
The deadlines and procedures for updating the information will be defined in a subsequent act by the Undersecretary for the Environment.
AMAZONAS
State of Amazonas establishes State Policy to Encourage Poultry Farming
On January 6, 2026, State Law No. 8,068/2026 was published in the Official Gazette of the State of Amazonas, establishing the State Policy for the Promotion of Poultry Farming within the scope of the Amazonas state government.
The regulation establishes general guidelines for strengthening and developing poultry farming in the state, with a focus on:
- strengthening the poultry breeding and slaughtering production chain in the Amazonas territory;
- stimulating the expansion and modernization of poultry farming;
- promoting the development and dissemination of sustainable technologies applicable to the sector;
- publicizing innovative techniques aimed at improving the activity; and
- encouraging good production practices.
FEDERAL
Ibama changes the rules of the Environmental Fine Conversion Program
On January 30, 2026, Ibama published IN No. 4/2026, amending IN No. 21/2023, regarding Ibama’s Environmental Fine Conversion Program (“PCMAI”).
IN No. 4/2026 changed concepts and procedures related to the conversion of environmental fines into services for the preservation, improvement, and recovery of environmental quality, consolidating definitions applicable to the program, such as cooperation agreement, direct and indirect conversion, environmental project, project executor, share, additionality, and Environmental Fine Conversion Settlement Agreement (“TCCM”), and details the modalities provided for in Federal Decree No. 6,514/2008.
Direct conversion occurs when the fined party executes the project, while indirect conversion is carried out by institutions selected by Ibama through a public call, with the possibility of joining projects listed in the agency’s Environmental Project Repository. The application procedure includes presenting one’s own project or selecting a project from the repository, as well as defining the minimum content for the projects.
The rule also regulates the monitoring and supervision of implementation, with the submission of periodic and final reports, technical analysis by Ibama, and consequences for non-compliance, which may include termination of the TCCM and registration of the debt in the Federal Government’s Active Debt.
AMAPÁ
State of Amapá systematizes administrative process for environmental infractions and toughens penalty criteria
On January 13, 2026, State Decree No. 230/2026 was published, aiming to modernize and systematize the administrative process arising from environmental infractions committed in Amapá – previously regulated by State Decree No. 3,009/1998.
The regulation typifies and consolidates environmental administrative infractions by theme, covering fauna, flora, fishing, pollution, waste, mining, environmental licensing, and water resources. The decree also establishes fine ranges that can reach up to BRL 50 million, as well as increases based on severity, recidivism, and context of the infraction.
Additionally, concepts such as “open fine”, “closed fine”, “daily fine”, “continuity of the infraction”, “economic capacity of the offender”, and “levels of severity” (from A to E) were established, creating technical parameters for the dosimetry of penalties, which can be:
- warning;
- fines (simple or daily);
- seizure of animals, products, and by-products of fauna and flora, and other products and by-products that are the subject of the infraction;
- destruction or disposal of the product;
- suspension of sale and manufacture of the product;
- embargo on construction or activity and their respective areas;
- demolition of works;
- partial or total suspension of activities; and
- restriction of rights.
Finally, the regulation also creates technical dosimetry tables (Annexes 1 to 4 of the regulation) – which link the final amount of the fine to the economic size of the offender and the environmental severity. The regulation also structures detailed rules for the seizure, embargo, demolition, and disposal of assets involved in the infractions.
AMAZONAS
State of Amazonas enacts law providing for administrative environmental sanctions
On January 7, 2026, the Government of the State of Amazonas sanctioned State Law No. 8,105/2026, which provides for administrative sanctions for conduct harmful to the environment in the state territory of Amazonas.
The law defines an environmental administrative violation as any intentional or negligent act or omission that violates legal norms relating to the use, enjoyment, promotion, protection, or recovery of the environment. The text does not create a list of violations but establishes general guidelines for administrative action at the state level.
One of the points provided for is the possibility that environmental infraction notices issued by the Amazonas Military Police (“Pmam”) may be forwarded to the Amazonas Environmental Protection Institute (“Ipaam”) for processing and judgment, provided that there is a technical cooperation agreement between the agencies. The rule also authorizes standardizing the environmental violation notice model between Pmam and Ipaam, with the aim of aligning inspection procedures.
The Executive Branch, in partnership with Ipaam, may implement ongoing training and capacity-building programs for civil servants assigned to environmental inspection, focusing on the issuance of notices of violation and on activities related to environmental protection.
RORAIMA
State of Roraima regulates procedures for settling the remaining balance of converted environmental fines
On January 9, 2026, the State Foundation for the Environment and Water Resources of Roraima (“Femarh”) published Ordinance No. 5/2026 , regulating the procedures for settling the amounts of environmental fines converted into projects for the preservation, improvement, and recovery of environmental quality, under the terms of Federal Decree No. 6,514/2008.
The fined party must adhere to projects for the conversion of fines whose value is equivalent to the consolidated amount of the fine, applying the legal discounts provided for in the federal regulation. If the value of a project is less than the total consolidated fine, the fined party must adhere to as many projects as necessary to reach a value equal to or greater than the converted fine.
The act also regulates cases in which, after the execution of the Environmental Fine Conversion Settlement Agreement (“TCCMA”), it is found that the amount actually invested was less than the agreed amount. In such situations, the remaining balance must be settled by joining new projects, formalized through a valid TCCMA, to be signed before the Environmental Conciliation Center (“NCA”).
Once the obligations assumed under the terms of conversion have been fulfilled, it will be up to the competent sector of Femarh to declare the full discharge of the financial obligation.
SANTA CATARINA
IMA establishes procedures for handling environmental complaints
On January 9, 2026, the Santa Catarina State Environmental Institute (“IMA”) published Ordinance No. 5/2026, defining the procedures for receiving, analyzing, and initially handling environmental complaints within the scope of the agency, repealing Ordinance No. 68/2019 .
Ordinance No. 5/2026 defines environmental complaints and environmental emergencies, establishes preventive actions and initial responses to citizens, and designates the website https://denuncias.ima.sc.gov.br as the official channel for registering, monitoring, and disseminating the results of complaints. The report must include the complainant’s identification for administrative control purposes, while preserving their identity, including in relation to the accused, unless otherwise determined by the court or a legal order.
Complaints without the minimum elements for investigation or that do not allow contact for clarification may be filed away with a technical rationale. Complaints that are false or made in bad faith may be forwarded to the competent authority, in accordance with due process of law.
The ordinance provides for immediate response to complaints classified as emergencies or involving a risk of greater damage, as well as the option to request technical support from other IMA departments, including in cases related to wildlife or state conservation units, and police support when necessary.
The Environmental Inspection and Emergency Management Department (“Gefis”) is designated as responsible for coordinating, supervising, and standardizing the handling of complaints and must submit a consolidated annual report to the IMA presidency, including service indicators and proposals for improvement.
– VEGETATION REMOVAL, FOREST INTERVENTIONS, AND SPECIAL PROTECTED AREAS
PARANÁ
State of Paraná publishes new rules for removing native vegetation in state territory
On January 15, 2026, the IAT published IN No. 5/2026, providing procedures for authorizing the suppression of native vegetation in the state territory of Paraná, including technical criteria, inventory parameters, documentation requirements, and procedures for analysis, inspection, and environmental compensation.
Under the new regulation, vegetation‑suppression requests must now be submitted through the National System for the Control of the Origin of Forest Products, with mandatory vector files and precise delineation of the clearing polygons.
The regulation prohibits subdividing areas to circumvent legal requirements, as well as the inclusion of Permanent Preservation Areas for suppression, under the Atlantic Forest Law.
For technical review purposes, the request will be evaluated based on the information submitted, on additional studies, as necessary, and on‑site inspection.
In general, authorizations will be valid for up to three years, renewable once, except in cases of public utility or social interest, which may be valid for up to five years.
State of Paraná establishes procedures for authorizing the cutting of isolated native trees
On January 15, 2026, the IAT published IN No. 4/2026, establishing the procedures for Authorization for Exploration in the form of Cutting of Isolated Native Trees in the State of Paraná, repealing IN IAT No. 42/2025 .
The standard defines applicable technical concepts, such as isolated tree, natural forest, forest authorization, exploitation authorization, APP, Legal Reserve, public utility, and social interest, and delimits the scope of application of the authorization, restricted to native trees located outside APPs and Legal Reserves, except in specific legal cases.
Only trees with usable wood material, defined by minimum diameter criteria, will be considered for authorization purposes. IN No. 4/2026 also provides for exceptional cases of authorization for the cutting of endangered species, subject to proof of risk, lack of alternative location, scientific research, or the execution of public utility or social interest works.
The application for an Exploration Authorization in the form of Isolated Tree Cutting must be filed through Sinaflor, accompanied by specific technical and legal documentation, including proof of ownership, environmental registration, georeferenced photographs, census of individuals, and, as applicable, Technical Responsibility Note (“ART”). The rule provides for issuing technical pending issues, filing an application in case of non-compliance, and submitting a request for reconsideration through a new protocol.
IN No. 4/2026 also regulates the occasional cutting of native tree species for non-commercial purposes, allowed in limited quantities, through a License by Adhesion and Commitment (“LAC”), with restrictions on the location, species, and destination of the wood material, which must be used exclusively on the property.
The criteria for environmental compensation for the cutting of isolated trees are also defined, with a general rule of planting ten native seedlings for each tree removed, taking into account regional conditions and specific criteria for rural and urban areas.
The issuance of the Exploration Authorization is conditional on the formalization of the TCCA, with proof of compliance through a photographic and georeferenced report.
The rule sets the validity period of the Exploration Authorization at up to 12 months, with a single extension for an equal period. Additionally, the IN requires the issuance of a Forest Origin Document (“DOF”) for the transportation of forest products and by-products and allows for inspections and the application of sanctions in the event of non-compliance with the established conditions.
State of Paraná repeals resolution on environmental compensation guidelines for native vegetation
On January 6, 2026, the State Secretariat for Sustainable Development (Sedesc) and the IAT published Joint Resolution No. 13/2025, repealing Joint Resolution SEDEST/IAT No. 10/2024, which established guidelines for environmental compensation resulting from the removal of native vegetation in the Cerrado and Atlantic Forest biomes in the state of Paraná.
Resolution No. 10/2024 regulated compliance with Article 17 of Federal Law No. 11,428/2006 (Atlantic Forest Law) and Article 26, paragraph 4, II of Federal Law No. 12,651/2012 (“Forest Code”), defining the types and proportions of environmental compensation applicable to the authorized removal of native vegetation.
SANTA CATARINA
State of Santa Catarina repeals ordinance on Legal Reserves due to change in jurisdiction
On January 14, 2026, the IMA published Ordinance No. 7/2026, repealing IMA Ordinance No. 230/2021, which established the procedures for rectification, readjustment, and relocation of registered Legal Reserves.
The repeal stems from the enactment of State Decree No. 792/2024, which amended State Decree No. 2,219/2014 and transferred to the State Secretariat for the Environment and Green Economy (“Semae”) the jurisdiction to review and rule on the approval of the location, rectification, readjustment, or relocation of Legal Reserves.
With the repeal, IMA Ordinance No. 230/2021 ceases to have effect, and the arrangement of powers defined by the current state decrees remains applicable.
State of Santa Catarina suspends the effectiveness of ordinance on compensation for the use of APP
On January 19, 2026, the IMA published Ordinance No. 16/2026, suspending the effectiveness of IMA Ordinance No. 13/2025, which established minimum criteria for compensation for the use of APPs in the state territory.
The suspension stems from the declaration of unconstitutionality of Article 122-D of the Santa Catarina State Environmental Code (State Law No. 14,675/2009) by the Santa Catarina Court of Justice (“TJSC”), within the scope of Direct Action of Unconstitutionality (ADI) No. 5041416-77.2024.8.24.0000.
The ordinance provides that the suspension of the effectiveness of IMA Ordinance No. 13/2025 will remain in effect until the final judgment of the ADI by the TJSC.
MINAS GERAIS
State of Minas Gerais establishes state policy for the recovery of degraded or altered areas
On January 17, 2026, State Law No. 25,715/2026 was published in the Official Gazette of the State of Minas Gerais, establishing the state policy for the recovery of degraded or altered areas in the state of Minas Gerais.
The law establishes definitions for public policy, differentiating between degraded, altered, or disturbed areas, as well as environmental recovery, environmental restoration, and nature-based solutions, which are understood as actions aimed at protecting, sustainably managing, and restoring natural or modified ecosystems, with environmental and social benefits.
The principles that must be observed in the formulation and implementation of the policy are integration between public authorities and society, coordination between different levels of government, prevention and mitigation of environmental impacts, sustainable territorial planning, protection of biodiversity and water resources, social participation, and respect for anthropized areas in productive use, safeguarding the social function of property.
Among the policy objectives, the law provides for the identification, mapping, and cataloguing of degraded or altered areas in the state, the promotion of environmental or productive recovery of these areas, the prevention of erosion processes, the protection of water resources, the expansion of native vegetation cover, the encouragement of conservation practices, and the formation of ecological corridors.
As an instrument of the policy, the State Environmental Registry of Degraded or Altered Areas was established to record information on areas with significant erosion processes, including location data, links to the CAR, and photographic or satellite imagery. The state environmental agency must keep the registry up to date. Law No. 25,715/2026 also authorizes the registration of companies and professionals involved in the development and execution of recovery projects.
The implementation of the policy will be monitored by technical performance indicators, with targets reviewed every four years, and may include partnerships, agreements, and funding terms with public or private entities.
BAHIA
Inema temporarily suspends the issuance of Controlled Burning Declarations in municipalities in Bahia
On January 17, 2026, the Bahia Institute of Environment and Water Resources (“Inema”) published Ordinance No. 34,298/2026, suspending, for a specified period, requests and issuance of Controlled Burning Declarations (“DQC”) in municipalities listed in its Annex I, due to seasonal weather conditions and the need to prevent forest fires.
The suspension applies to the period from January 6 to February 23, 2026, and covers the municipalities listed in Annex I of Ordinance No. 34,298/2026, characterized as areas outside the rain season in the first quarter of 2026. During this interval, the effects of Controlled Burning Declarations issued prior to the publication of the act are also suspended.
Exceptions are made in cases where controlled burning is essential for agro-silvopastoral practices, in which case the DQC may be issued upon presentation of a technical justification signed by an authorized person. Failure to comply with the conditions established in the issued DQCs may result in the application of applicable penalties and the cancellation of the declaration.
The list of municipalities may be revised by INEMA, based on technical analyses that consider regional climate seasonality and the assessment of forest fire risk in the state of Bahia.
AMAPÁ
State of Amapá republishes normative instruction on the use of wood from trees felled by natural causes
On January 14, 2026, SEMA Amapá repealed Normative Instruction IN No. 07/2025, published on December 30, 2025, due to a material error, and republished the act with new wording, maintaining the same number, through Normative Instruction IN GAB/SEMA No. 7/2025.
IN GAB/SEMA No. 7/2025 provides for simplified environmental licensing procedures for the use of wood from trees felled by natural causes in the state of Amapá, applicable to woody material found on dry land, rivers, streams, riparian and coastal areas, provided that it does not result from anthropogenic intervention or deforestation. The act does not apply to species listed in the Convention on International Trade in Endangered Species of Wild Fauna and Flora (“CITES”).
The use is subject to the issuance of a Special Authorization, through a simplified procedure, with registration, analysis, and approval carried out at Sinaflor. The standard defines concepts such as trees felled by natural causes, sustainable use, and simplified special authorization procedures.
The normative instruction establishes the documents required for the application, including a standard form, documentation from the entrepreneur, a sketch or location map with GPS coordinates, a declaration of the natural origin of the wood, and a Simplified Technical Project, containing the purpose of the use and environmental precautionary measures. Sema/AP may request additional information or require a technical report, and the prior inspection may be waived upon technical justification.
GOIÁS
State of Goiás establishes policy to combat urban visual pollution
On January 14, 2026, State Law No. 24,026/2026 was published. The law establishes the State Policy for the Prevention and Reduction of Urban Visual Pollution, defining visual pollution as any interference in urban space that compromises aesthetic harmony, the reading of the environment, safety, or the well-being of the population, especially that resulting from the irregular installation or maintenance of advertisements and other means of visual communication in public places or common property.
The policy aims to protect the urban landscape, the environment, road safety, and urban mobility, while respecting municipal autonomy to regulate land use and local advertising. The guidelines include encouraging the regularization and voluntary removal of irregular devices, prioritizing signage of public interest, valuing historical, cultural, and environmental heritage, requiring prior authorization from the competent municipal agency, and strengthening integrated action between state and municipal governments.
Implementation will rely on tools such as educational campaigns, integrated enforcement actions, institutional partnerships, and urban visual requalification programs, with enforcement and the application of sanctions subject to further regulation.
RIO GRANDE DO NORTE
State of Rio Grande do Norte establishes criteria for classifying dams in accordance with the National Dam Safety Policy
On December 30, 2025, the Rio Grande do Norte Water Management Institute (“Igarn”) published Ordinance No. 66/2025, establishing general criteria for the classification of dams in terms of potential damage, reservoir volume, and risk category, in compliance with the National Dam Safety Policy (Federal Law No. 12,334/2010) and Resolution No. 241/2024 of the National Water Resources Council.
The classification of dams will be carried out by Igarn based on standardized technical criteria, allowing the agency to define additional criteria, establish specific procedures and deadlines, and periodically reassess classifications or revise them considering changes in the project’s characteristics. The party responsible for the dam may request a review of the classification by submitting technical studies that justify the request.
As for the associated potential damage, the standard provides for the consideration of factors such as the potential loss of human lives, as well as economic, social, and environmental impacts resulting from a possible rupture, including detailed criteria in separate annexes for water storage dams and those for the containment or disposal of waste and tailings. In the absence of information from the entrepreneur, Ordinance No. 66/2025 authorizes Igarn to apply the maximum score for the corresponding criterion.
The classification by reservoir volume differentiates between tailings or industrial waste dams and water storage dams, establishing objective volume ranges from “very small” to “very large.” The risk category considers technical aspects of the structure, the dam’s state of conservation, and compliance with the Dam Safety Plan, and adopts the most critical condition for classification purposes.
Igarn will act as the dam safety oversight agency, in accordance with the specific rules governing the Safety Plan, inspections, and the Emergency Action Plan.
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