Legislation

Riparian forests are considered Permanent Preservation Areas and are protected by the Forest Code (Federal Law 4771/65) which establishes rules for their minimum size according to the length of rivers, lakes, streams and spring, in the following proportions:

• Bodies of water with up to 10 meters wide must have 30 meters of riparian forests along their margins;
• For bodies of water between 10 and 50 meters wide must have 50 meters of riparian forests along their margins;
• Between 50 and 100 meters, 100 meters of riparian forest along their margins;
• Large rivers up to 600 meters wide must have 500 meters of riparian forests along their margins.

The National Environmental Council (Conama) elaborates on the parameters, definitions, and limits of the APPs in its Resolution 303, from March 2002.

In São Paulo the legislative tool concerning the process of recuperating riparian forests is resolution 08/2007, issued by the Environmental Secretary of the State (SMA), which amplified and altered older resolutions on the issue (SMA 21/2007 and SMA 47/2003). This resolution established the prioritizations of the recovery of riparian forests in the APPs, to be carried out with a large variety of species and compatible with native species found in the region.

What are the main rules?

• In areas with evergreen forest, semi-deciduous forest, and forested savannah, forest recuperation should reach at least 80 species native to the region;
• At least 20% of the species should be from seeds that have been recovered from the forest or that have been dispersed by natural processes including by animals
• 5% of the species chosen should be from categories considered under threat of extinction
• The species should span the two ecological groups: pioneers and non-pioneers. At least 40% for either of the two groups, except in the case of reforested savannah which should not exceed 60% of seedlings from these two groups
• No pioneer species may make up more than 20% of the total seedlings to be planted
• No non-pioneer species may make up more than 10% of the total seedlings to be planted
• The soil should be prepared considering its unique characteristics
• The area should be isolated whenever necessary, looking to control the risks to plant growth
• The maintenance practices of the area of forest recuperation should be carried out, at the least, for 24 months following the planting