Change of land use in forest lands

Change of land use in forest lands

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By: Diana Luis Hernández

 

In Mexico, the legal protection of forests is made from the General Law of Sustainable Forest Development (LGDFS) published on June 5th, 2018, which defines the change of land use in forest lands as “The total or partial removal of forest vegetation from wooded forest land or other forest land to allocate or induce non-forest activities”, whereas forest vegetation is defined as “the set of plants and fungi that grow and develop naturally, forming forests, jungles, arid and semi-arid zones, and other ecosystems, giving rise to the development and balanced coexistence of other resources and natural processes”.

Consequently, if you wish to carry out any work or activity which involves the removal of forest vegetation, it is necessary to process the change of land use before the Ministry of Environment and Natural Resources (SEMARNAT) and/or before the Energy and Environment Security Agency (ASEA) for activities in the hydrocarbons sector.

The Technical Justification Study is the document that must be submitted together with the request for authorization to change the use of land in forest lands; this document demonstrates before the responsible authority that the change of forest use is possible and viable without harming the ecosystem (Regulation of the Forest Law, 141st article). When it comes to forest lands located in indigenous territories, it is also necessary to previously perform a free, informed and culturally appropriate consultation, carried out in good faith.

In the past, separate procedures had to be submitted for the Environmental Impact Assessment (EIA) and the Change of Land Use in Forest Lands (CUSTF), but since December 22nd, 2010, the Agreement was issued by which an agreement can be requested through a SINGLE PROCESS, the so-called Unified Technical Document, which is submitted to SEMARNAT and it includes:

  1. Environmental Impact Statement: regional or particular (Regulation of the LGEEPA articles 12th and 13th); and,
  2. Justifying Technical Study (art. 121st in the LGDFS regulation)

At B+F we are a multidisciplinary team with the necessary professional training and experience which has allowed us to successfully accompany our clients in the preparation of said procedures, as well as the unavoidable follow-up required to obtain all corresponding authorizations. At B+F we always work for the environment.

 

 

References:

    • General Law for Sustainable Forestry Development (Published in the Official Gazette of the Federation on June 5th, 2018).
    • Regulation of the General Law of Sustainable Forest Development (Published in the Official Gazette of the Federation on December 9th, 2020).
    • Ministry of Environment and Natural Resources, 2015. Guide for the formulation of Supporting Technical Studies. Change of land use in forest lands.
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