Recommendations for land use change in forest lands

Between 2001 and 2021, the country recorded the deforestation of 208,850 hectares, which is worrying if we consider that forest ecosystems are important because, among other environmental services, they sustain terrestrial biodiversity, help preserve the soil and capture carbon dioxide. This last function is key to addressing the current climate crisis. 

The development of mining, real estate, tourism, industrial, agricultural and other projects involves the clearing of vegetation on forest land, which is known as “land use change on forest land”, and requires the adoption of measures to prevent, mitigate and/or compensate for adverse environmental impacts. For example, through reforestation of larger areas in relation to the cleared area. 

In order to reduce the adverse environmental effects of land use changes on forest lands, forestry regulations have designed a series of legal requirements. Based on Santamarina + Steta's professional experience in this area, we would like to make the following recommendations: 

1. The best impact is the one that is not caused. When considering a property for the development of a project, it is recommended to prefer land that has already been cleared, for example, agricultural, urban or legally impacted areas. 

2. Any land with native vegetation in a good state of conservation is forest land. There is a misconception that only temperate forests are forest ecosystems. This error could lead to illegal logging in jungles, wetlands, arid and semi-arid zones, assuming that these ecosystems are not forests. The arid and semi-arid vegetation typical of northern Mexico is perhaps the one that suffers the most from this confusion, since, as it is not made up of trees, it is common for it to be cut down without the corresponding authorizations. 

3. Changes in land use on forest land must be made through two authorizations. Anyone who intends to cut down forest land must process and obtain an environmental impact permit (AIA) and an authorization for change of land use on forest land (ACUSTF). Logging with only one permit or without any of these is illegal. 

4. The terms and conditions imposed by the AIA and ACUSTF must be complied with. Both permits impose a series of obligations on their holders that must be fulfilled, for example, carrying out actions to relocate fauna on the land, rescue flora in some degree of protection or reforestation on other lands.

5. The lands where native vegetation regeneration begins are also considered forest lands. In these cases, it is advisable that a forestry expert, duly registered in the National Forestry Registry, determine whether the land is considered forested or not. 

6. It is not possible to cut down or prune mangroves or vegetation found within a 100-meter strip adjacent to the mangrove. Mangroves are a protected species, so the environmental authority is legally prohibited from granting AIAs and ACUSTFs that allow their felling or pruning. It is possible to generate technical and legal strategies so that the authority reduces the 100-meter strip adjacent to the mangrove and allows the felling of vegetation.  

7. Owners of forest land that has been burned or illegally logged will not be able to obtain an ACUSTF for a period of 20 years.  In the preparatory stage of a project, it is advisable to verify whether there was or is forest vegetation on the property where the development is planned and, if applicable, that said vegetation has not been affected by a fire or illegal logging. 

8. Penalties for logging without an AIA and/or an ACUSTF or failing to comply with the obligations of these authorizations can end the viability of a project. In addition to the potential environmental, administrative and criminal liability for those who commit illegal logging or fire, such violations may result in the obligation to repair the environmental damage caused. This implies the execution of all the actions necessary to return the forest land to its state prior to the damage caused and substantial reforestation measures. In addition, as already noted, in the 20 years following the violation, an ACUSTF cannot be obtained for the affected property.  

Adequate legal and technical planning is key to ensuring that the development of projects on forest lands is carried out in a sustainable manner, in full legal compliance and helping to preserve these ecosystems.