Rio de Janeiro and Espírito Santo update environmental licensing rules

In brief

The states of Rio de Janeiro and Espírito Santo have published new regulations that revise their respective environmental licensing systems, bringing them into line with recent changes in federal legislation. In Rio de Janeiro, State Decree No. 50,473/2026 reformulates the State System for Licensing and Other Environmental Control Procedures (SELCA).

In Espírito Santo, Decree No. 6,503-R/2026 regulates State Complementary Law No. 1,073/2023 and establishes detailed rules for state environmental licensing. The changes include the reorganization of licensing categories, new grounds for exemptions and procedural simplification, the regulation of the Special Environmental License (LAE), and new rules applicable to environmental regularization, with potential impacts on projects, ongoing proceedings, and licensing strategies.

Recommended actions

The new state regulations introduce significant changes to the environmental permitting systems in Rio de Janeiro and Espírito Santo and may directly impact the regulatory strategy of various economic sectors. In light of this, companies are advised to:

• Review the classification of activities and projects: determine whether the new regulations change the applicable licensing category or create new grounds for waivers, exemptions, or procedural simplification.
• Assess opportunities for procedural simplification: analyze the applicability of the simplified procedures provided for by the new regulations, especially for activities with lower environmental impact, including compliance and commitment mechanisms where available.
• Assess the impact on ongoing proceedings: identify any effects of the transition rules on license applications currently pending before the competent environmental agencies and evaluate the possibility of transitioning to the new regimes.
• Assess environmental regularization strategies: review the status of existing projects to verify the applicability of the new regularization mechanisms provided for by state regulations.
• Adapt internal environmental compliance procedures: review controls and procedures related to reporting information to environmental agencies, meeting conditions, and maintaining records and evidence of environmental compliance.

Further details

• Rio de Janeiro: revision of the State Environmental Licensing System:

On September 16, 2026, the State of Rio de Janeiro published State Decree No. 50,473/2026, which revises the State Environmental Licensing System and Other Environmental Control Procedures (SELCA), bringing the state system into line with recent changes to federal legislation on environmental licensing.

Among the main changes are the expansion of the circumstances under which environmental licensing is waived, the reorganization of licensing categories, the regulation of the Special Environmental License (LAE), and the consolidation of rules for environmental compliance.

The decree also reinforces the use of criteria related to size, pollution potential, and the magnitude of environmental impacts to determine the licensing category and the level of environmental control applicable to each activity or project.

Another significant innovation is the incorporation of provisions regarding Free, Prior, and Informed Consultation (FPIC), as provided for in Convention No. 169 of the International Labor Organization (ILO), clarifying that public participation in the licensing process neither replaces nor waives its mandatory nature in cases where it applies.

In addition, the regulation establishes new administrative deadlines, governs the License by Adherence and Commitment (LAC), and incorporates the Special Environmental License (LAE) — provided for in federal legislation — into the state system.

• Espírito Santo: regulation of the State General Licensing Law:

The State of Espírito Santo, in turn, published Decree No. 6,503-R/2026 on September 4, 2026, regulating State Complementary Law No. 1,073/2023 (General Law on Environmental Licensing in Espírito Santo) and establishing detailed rules for state environmental licensing. The regulation seeks to harmonize the state regime with the guidelines of Federal Law No. 15,190/2025 and to consolidate procedures applicable to the different types of environmental licensing.

Among the main changes are the organization of simplified licensing categories, including the Environmental License by Adherence and Commitment (LAC), the Simplified Environmental License (LAS), and the Single Environmental License (LAU) for certain activities. The regulation also expands the grounds for exemption and waiver of environmental licensing applicable to activities considered to have low environmental impact.

The decree also establishes specific rules for environmental regularization through the Environmental Regularization License (LAR), accompanied by the Environmental Regularization Commitment Agreement (TCAR), governing the regularization of projects that are installed or in operation without a valid environmental license.

Another change is the regulation of the Special Environmental License (LAE), intended for projects considered strategic by the state, subject to priority processing and the prior submission of an Environmental Impact Study and the corresponding Environmental Impact Report (EIA/RIMA).

In addition, the regulation establishes mechanisms for the automatic renewal of certain environmental licenses, details public participation procedures, and provides that pending administrative proceedings may be adapted to the new regime upon request by the developer.

Both decrees took effect on the date of publication.