The state of São Paulo establishes the procedures for environmental regularization of rural properties and possessions

Resolution No. 50, published on July 3, 2024, within the scope of the São Paulo State Department of Agriculture and Supply (“SAA”), establishes the steps to be observed in the Rural Environmental Registry System of the State of São Paulo (SICAR-SP) by the owner or possessor of the rural property, in order to obtain Environmental Regularization for rural properties in which the Rural Environmental Registry (CAR) is not in compliance with the legislation.

The Resolution determines the competence for analyzing and approving the CAR and the rural property’s environmental compliance project, the property information considered for analysis by the Integral Technical Assistance Coordination (CATI), the possibility of presenting justifications and clarifications about the results, the means of notification, the deadlines for applications, the methods for reviewing previous commitments, among other aspects.

If the result of the analysis identifies that the rural property is not in compliance, the Environmental Regularization procedure sets forth the need to: i. adhesion in the Environmental Regularization Program (PRA) by the owner or possessor of the rural property within one year of the end of the CAR information verification stage; and ii. the execution of an Environmental Regularization Program Commitment Term (TCPRA) or Environmental Adequacy Commitment Term (TCA) between the owner/possessor and CATI/SAA.

For the rural properties whose owners or possessors do not adhere to a PRA, there is the possibility to submit a Degraded and Altered Areas Recovery Project (PRADA) or an Environmental Adequacy Project (PAA) to SICAR-SP.

The new regulation seeks to enable the regularization of rural properties that are not in compliance, mainly, with the rules of the Forest Code, such as: i. absence of a percentage of legal reserve duly constituted and preserved with native vegetation on the property; ii. need to recover permanent preservation areas; iii. adjustments in legal reserve compensation measures, etc.

Resolution No. 50/2024 repeals SAA Resolutions 73/2020, 54/2021 and 30/2023, and will come into force 45 days after its publication. Access the full text by clicking the link.

The Environmental and Sustainability team at Souto Correa is available to provide more information and clarifications on the matter.