The Senate approved, this Thursday, the 14th, a project that makes the rules for the construction of buildings in environmental areas in urban areas more flexible. The proposal changes the Forest Code and expands the release of buildings in cities. The bill transfers, to municipalities, the attribution of defining how the occupation of rivers in urban areas will take place. Today, this rule is federal and part of the Forest Code. PL 2510/19, however, removes this role from the Union.
Environmentalists criticize the project because they foresee increased pressure on water areas of permanent protection, the APPs. Currently, the protection of these areas establishes a minimum range of 30 meters around the watercourses.
Permanent preservation areas range from 30 to 500 meters on the margins of any natural watercourse. The bill establishes that, in consolidated urban areas, this definition may be established by the municipalities by municipal law, ensuring a minimum width of 15 meters.
The attempt is to prevent infrastructure projects from being barred in these areas. Initially, the project made the definition exclusive to municipalities and did not provide for the minimum width, changes that were made after criticism from the opposition. After approval, the change will depend on a new analysis in the Chamber.
In many cities in the country, rivers, lakes and dams have their banks taken by irregular occupations. For this, however, there is already legislation that provides for regularization of these spaces. The proposed changes, therefore, have an effect on regions coveted by the real estate industry.
The forest code law (12.651/2012) establishes that Permanent Preservation Area is a protected area, covered or not by native vegetation, which has the environmental function of preserving water resources, the landscape, geological stability and biodiversity, protecting the soil.
The ruralist caucus denies that the laws are weakened and argues that the package of proposals would have the objective of “updating” the forest law. In all, there are nine bills in the Chamber that intend to make profound changes to what is provided for in the forest code. In the assessment of environmentalists, the proposals leverage new occupations and constructions in more sensitive urban areas and at high risk of disasters, such as slopes, hilltops, mountainous regions and the banks of water bodies, in addition to promoting changes in the legal regime of areas damp in general, like paths.
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