Clearing Land Portugal – Law Translation

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Law Translation Follows:

Law No. 76/2017

of August 17

Amends the National Forest Defense System against Fires, making the fifth amendment to Decree-Law no. 124/2006, of June 28

The Assembly of the Republic decrees, in terms of letter c) of article 161 of the Constitution, the following:

Article 1

Object

The present law proceeds to the fifth amendment to Decree-Law no. 124/2006, of June 28, modified by Decree-Laws no. 15/2009, of January 14, 17/2009, of January 14, 114 / 2011, dated November 30, and 83/2014, dated May 23, which structures the Forest Fire Protection System (SDFCI).

Article 2

Amendment to Decree-Law no. 124/2006, of June 28

Articles 1, 2, 3, 3a, 3b, 3c, 3d, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 20, 21, 22. 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40 and 41 of Decree-Law no. 124/2006, of June 28, as amended by Decree-Laws no. 15/2009, of 14 January, 17/2009, of January 14, 114/2011, of November 30, and 83/2014, of May 23, are hereby amended as follows:

“CHAPTER I

General provisions

Article 1

[…]

1 – This decree-law structures the Forest Fire Protection System (SDFCI).

2 – …

Article 2

[…]

1 – …

2 – …

3 – …

a) To the Institute of Nature Conservation and Forests, IP (ICNF, IP), the coordination of the actions of structural prevention, in the areas of awareness, planning, organization of the forest territory, forestry and infrastructure of defense of the forest against fires;

b) The National Republican Guard (GNR) to coordinate preventive actions related to surveillance, detection and inspection;

c) The National Civil Protection Authority (ANPC), the coordination of combat actions, aftermath and post-fire surveillance.

4 – The ICNF, IP, is responsible for the organization and coordination of the structural prevention device which, during the critical period, is integrated into the operational structure provided for in the special fire-fighting device (DECIF).

5 – It is also incumbent on the ICNF, IP, to maintain an information system on forest fires at the national level, through the adoption of a forest fire information management system (GISMS) and records of burned areas.

6 – …

7 – (Repealed.)

8 – All public entities that are part of the SDFCI are subject to the duty of collaboration and have access to the SGIF data necessary for the definition of policies and actions for structural prevention, surveillance, detection, combat, aftermath, active surveillance aftermath and supervision.

9 – The rules for the creation and operation of the SGIF are approved by a proposal of the ICNF, IP, after hearing the ANPC and the GNR.

10 – A team responsible for promoting, monitoring and monitoring the implementation of the National Forest Fire Protection Plan (PNDFCI) is set up within the framework of the ICNF, IP, with a coordinator appointed in accordance with the applicable legislation.

11 – Annually, until September 30, the team referred to in the previous number presents the plan and budget for the application of the PNDFCI for the following year, to autonomize in the Budget of the ICNF, IP, explaining the amounts to be affected by the State and, funds to be made available by other entities.

12 – By March 21 of each year, the team referred to in no. 10 shall draw up the balance and accounts for the application of the PNDFCI in the previous year, indicating the degree of compliance with the defined goals.

Article 3

[…]

1 – …

The) …

b) ‘Consolidated built-up areas’ means the areas of concentration of buildings, classified in the municipal and inter-municipal plans of urban planning as urban soil or as agglomerate rural;

w) …

d) …

and) …

f) ‘Building’ means the activity or result of the construction, reconstruction, expansion, alteration or conservation of a property intended for human use, as well as any other construction that is permanently incorporated in the soil, with the exception of works of little urban relevance for the purposes of applying this decree-law;

(g) ‘building’ means a permanent building with independent, covered access, which is bounded by external walls or wall walls extending from foundations to cover, intended for human use or for other purposes, except buildings corresponding to works of limited relevance urbanistic;

h) [Previous letter f).]

i) [Previous letter g).]

(j) ‘forest’ means a land with an area of ​​greater than or equal to 0,5 hectares and a width greater than or equal to 20 meters, where there is a presence of forest trees which have reached or are capable of reaching a height of more than 5 meters and degree of cover greater or equal to 10%;

l) [Previous letter h).]

(m) ‘fuel management fire’ means the use of fire which, under suitable meteorological conditions, and in rural areas of low value, allows the development of the rural fire within a pre-established perimeter, with less commitment of means of suppression in the inside it;

(n) ‘Suppression fire’ means the technical use of fire in the context of combating rural fires comprising tactical fire and counter-fire when carried out under the responsibility of the Relief Operations Commander (COS);

(o) [Former subparagraph (j).]

(p) [Anterior subparagraph (l).]

(q) [Former subparagraph (m).]

(r) [Anterior paragraph (n).]

(s) ‘agricultural fire’ means a rural fire in which the agricultural burning area is greater than the wooded burning area and the wooded burning area is less than 1 hectare;

(t) ‘forest fire’ means a rural fire in which the forest burning area is greater than the agricultural area and the total burning area is less than 1 hectare or where the forest burning area exceeds 1 hectare;

u) ‘Rural fire’ means the forest or agricultural fire that occurs in rural areas;

(v) ‘Rural fire risk index’ means the numerical expression which, by translating the state of the fuels by action of the meteorology and the relevant meteorological parameters, helps to determine where the conditions for ignition or propagation of fire are most favorable;

(x) ‘Rural fire hazard index’ means the probability of rural fire occurring within a given time period and in a given area, depending on the susceptibility of the territory and scenarios considered;

z) [Previous letter q).]

aa) ‘Mosaic of fuel management plots’ means the set of parcels of the territory strategically located where, through silvicultural actions, the various fuel strata are managed and the structure and composition of the plant formations are diversified, with the primary goal of forest fire defense;

(bb) ‘critical period’ means the period during which special forest fire prevention measures and actions are in force, owing to exceptional meteorological circumstances;

(cc) [Anterior subparagraph (t).]

(dd) ‘forest stocking’ means the land with an area of ​​greater than or equal to 0,5 hectares and a width of 20 meters or more where there is a presence of forest trees which have reached or are capable of reaching a height higher than 5 meters and covered degree greater or equal to 10%;

(ee) ‘Baldios’ means the land with its parts and equipment, owned and managed by local communities, as defined in the System of Land and Other Community Production Facilities (Law no. 75/2017 of 17 August) ;

ff) [Previous v).]

(gg) [Anterior subparagraph (x).]

hh) [Previous letter z).]

(ii) [Anterior subparagraph aa).]

(jj) ‘fuel management network’ means a set of strategically located linear parcels of land where the total or partial removal of forest biomass is ensured through the allocation to non-forest uses and the use of certain activities or forestry techniques with the main objective of creating opportunities for combating rural fire and reducing fire susceptibility;

ll) [Previous letter cc).]

mm) [Anterior section dd).]

nn) [Former subparagraph (e).]

oo) [Anterior subparagraph (ff).]

pp) [Previous letter gg.]

(qq) ‘rural fire risk’ means the likelihood that a rural fire will occur at a particular location, under certain circumstances, and impacts on the affected elements, depending on the danger and potential damage to the elements at risk;

(hh).]

(ss) ‘Susceptibility of rural fire’ means the propensity of a given area or territorial unit to be affected by the phenomenon under consideration, assessed from the properties intrinsic to it, being more or less susceptible to fire as it would best allow deflagration and the progression of a fire;

tt) [Previous letter ii).]

(uu) ‘housing tourism’ means establishments of a family nature installed in privately-owned, privately-owned buildings which, for their architectural, historic or artistic value, are representative of a given period, namely palaces and plots, and may be located in rural or urban areas ;

(vv) ‘tourism in rural areas’ means establishments which are intended to provide accommodation services to tourists in rural areas, preserving, restoring and enhancing the architectural, historical, natural and scenic heritage of the respective places and regions where they are situated, through the reconstruction, rehabilitation or expansion of existing buildings, in order to ensure their integration into the surroundings.

2 – …

CHAPTER II

[…]

SECTION I

[…]

Article 3a

[…]

1 – …

2 – District forest defense commissions, which are responsible for district coordination of structural prevention programs and actions, liaise with district civil protection commissions responsible for district coordination as a structure for policy coordination on civil protection matters.

3 – Municipal forest defense commissions (CMDFs) can be grouped into inter-municipal commissions, provided that they correspond to a geographical area included in the same regional forest management program (PROF), with a view to optimizing resources and actions.

4 – The district commissions function under the coordination of the regional official of the ICNF, IP, and the municipal commissions under the coordination of the mayor of the city.

Article 3b

[…]

1 – …

The) …

(b) to draw up a forest fire defense plan setting out the measures necessary for that purpose and including the forecasting and integrated planning of the interventions of the different entities in the event of fires, including the location of forest firefighting infrastructures in with PNDFCI and its PROF;

w) …

d) …

and) …

2 – …

The) …

b) Evaluate and issue an opinion on the municipal forest fire defense plan (PMDFCI);

c) To propose investment projects in the prevention and protection of the forest against fires, according to the applicable plans;

d) Consider the annual implementation report of the PMDFCI to be presented by the city council;

e) To monitor the development of programs for the control of biotic agents and to promote forest protection actions;

f) Accompany the development of actions to raise awareness among the population, according to a national awareness plan developed by ICNF, IP;

g) Promote, at the level of local civil protection units, the creation of teams of volunteers to support fire protection in rural settlements and support the identification and training of personnel assigned to this mission, so that it can operate safely;

h) [Previous letter g).]

(i) [Former subparagraph (h).]

(j) [Former paragraph (i).]

l) [Previous letter j).]

(m) [Former subparagraph (l).]

n) Approve the delimitation of the identified areas in municipal planning with potential for the practice of fire of fuel management.

Article 3c

[…]

1 – …

The) …

b) The regional head of the ICNF, IP, who chairs;

w) …

d) …

e) The district operational commander of the ANPC;

f) …

(g) (Repealed.)

H) …

i

j) …

l) …

m) …

n) (Revoked.)

O) …

p) A representative of Infraestruturas de Portugal, SA (IP, SA), a representative of the Institute of Mobility and Transport, IP (IMT, IP), and two representatives of electric energy distribution and transmission concessionaires;

q) Other entities and personalities invited by the committee chair.

2 – In municipalities where there are vacant units there is a representative of the respective boards of directors.

3 – The technical support to the district commissions is assured by the service of the ICNF, IP, territorially competent.

4 – (Previous paragraph 3.)

5 – (Previous No. 4.)

Article 3d

[…]

1 – …

The) …

b) Up to five representatives of the municipal parishes, to be designated by the municipal assembly;

c) A representative of the ICNF, IP;

d) (Repealed.)

e) The municipal coordinator of civil protection;

f) …

g) …

H) …

i) A representative of IP, SA, a representative of the IMT, IP, and two representatives of the distribution and transmission concessionaires of electric energy, whenever warranted;

j) Other entities and personalities invited by the committee chair.

2 – …

3 – …

4 – …

5 – …

SECTION II

[…]

Article 4

Rural fire risk index

1 – The fire risk index establishes the daily risk of occurrence of rural fire, whose levels are low (1), moderate (2), high (3), very high (4) and maximum (5), combining the information of the meteorological fire hazard index produced by the entity in charge of the national meteorological authority function, with the conjunctural risk index defined by ICNF, IP

2 – The rural fire risk index is prepared and disseminated daily by the national meteorological authority.

Article 5

Classification of the continent according to the danger of rural fire

1 – For the purposes of this Decree-Law and based on criteria for evaluating the index of danger of rural fire in mainland Portugal, the classification of the territory is established, according to the following qualitative classes:

a) Class I – Very low;

b) Class II – Low;

c) Class III – Medium;

d) Class IV – Registration;

e) Class V – Very high.

2 – The numerical model for the definition of the national and municipal scale rural fire hazard index is published by ICNF, IP

3 – The classification of the continental territory according to the index of danger of rural fire is, nationally, annually published in the page of the ICNF, IP, after hearing the ANPC.

Article 6

[…]

1 – Forest patches where priority is given to the application of more stringent forest fire protection measures, either in view of the high susceptibility or the hazards they represent, or in terms of their patrimonial, social or ecological value, are designated by zones critical, being identified, demarcated, and self-planned target in the PROF.

2 – Critical zones are defined by ordinance of the members of the Government responsible for the forest areas and the environment.

SECTION III

[…]

Article 7

[…]

1 – …

2 – National planning, through the PNDFCI, organizes the system, defines the vision, strategy, strategic axes, goals, objectives and priority actions.

3 – District planning has a tactical framework and is characterized by the ranking and organization of the actions and objectives defined in the PNDFCI at the district level, guiding, by levels of priority, the actions identified at the municipal level.

4 – …

Article 8

[…]

1 – The PNDFCI defines the general objectives of prevention, pre-suppression, suppression and recovery in a systemic and transversal framework of forest fire protection.

2 – The PNDFCI is a multi-annual, inter-ministerial plan, which is subject to annual evaluation, and where the policy and measures for the protection of the forest against fire, including prevention, sensitization, surveillance, detection, combat, suppression, recovery of burned areas, research and development, coordination and training of the means and agents involved, as well as a clear definition of objectives and goals to be achieved, timing of measures and actions, budget, financial plan and execution indicators.

3 – (Repealed.)

4 – The PNDFCI should contain guidelines to be implemented in the PROF, reflecting the subsequent levels of planning.

5 – The PNDFCI is prepared by the ICNF, IP, and approved by resolution of the Council of Ministers, and its monitoring is the subject of a biannual report prepared by an external entity.

6 – …

Article 10

[…]

1 – …

2 – The PMDFCI are prepared by the municipal councils, subject to prior opinion of the respective CMDF and binding opinion of the ICNF, IP, and approved by the municipal assembly, in agreement with the PNDFCI and with the respective district forest fire defense planning. the elaboration, public consultation and approval rules and their standard structure established by ICNF regulation, IP, approved by the member of the Government responsible for the area of ​​forests.

3 – …

4 – The elaboration, execution, and annual evaluation of the implementation and updating of the PMDFCI are mandatory, and the city council must devote the execution of its component within the scope of the plans and annual reports of activities.

5 – The mapping of the forest fire defense network consisting of the primary network of fuel management bands, fundamental forest road network, water point network and national network of lookout stations (RNPV), as well as the letter of danger should be incorporated and regulated in the respective municipal spatial planning plans.

6 – The plants of the PMDFCI are elaborated to the same scale of the plant of conditioners of the Municipal Master Plan.

Municipalities may create and implement special forest intervention programs within the framework of forest defense plans for forest areas contiguous to infrastructure of high national strategic value and for strategic and high value forest areas as presented in the fire hazard cartography rural areas, which are included in the PDDFCI.

8 – …

9 – …

10 – …

11 – In the area of ​​forest protection against fire and forest management, only municipalities that have PMDFCI approved are entitled to a subsidy or benefit granted by the State.

12 – Municipal or intermunicipal PMDFCIs are made public, with full content, by publication in the 2nd series of the Diário da República and by insertion in the website of the respective municipality, corresponding parishes and the ICNF IP

13 – The ICNF, IP, lists municipalities that do not have approved or updated PMDFCIs on its website.

Article 11

[…]

1 – All forest management instruments should make explicit not only forestry actions to defend the forest against fire and infrastructure of rural areas, but also their integration and compatibility with the higher level forestry planning instruments, namely the PMDFCI and the PROF.

2 – The lack of conformity of municipal land planning plans with the supervisory PMDFCI does not dissociate the entities and individuals from compliance with the latter and determines their conformity in the immediate alteration procedure that takes place on the initiative of the municipality, without prejudice to the possible opening decision of the adaptation procedure of those planning instruments, provided for in article 121 of Decree-Law no. 80/2015, of May 14.

3 – All local initiatives of prevention, pre-suppression and recovery of areas burned at the sub-municipal level must be articulated and framed by PMDFCI.

CHAPTER III

[…]

SECTION I

[…]

Article 12

[…]

1 – …

2 – …

3 – The monitoring of the development and use of the RDFCI is incumbent on the ICNF, IP

4 – The monitoring of the component provided in paragraph d) of paragraph 2 is the responsibility of the ICNF, IP, in articulation with the ANPC.

5 – With regard to the components provided for in paragraph e) of paragraph 2, monitoring of development and use is the responsibility of the GNR in articulation with the ICNF, IP, and the ANPC.

6 – Regarding the component provided for in paragraph f) of paragraph 2, the monitoring of development and use is the responsibility of the ANPC in articulation with the ICNF, IP, and GNR.

7 – The collection, registration and updating of the RDFCI database must be carried out by the local authorities, through a protocol and procedure published in a technical standard by ICNF, IP

Article 13

[…]

1 – …

2 – …

3 – …

4 – …

The) …

b) The transmission lines and distribution of electricity and natural gas (gas pipelines);

w) …

5 – …

6 – The technical specifications for the protection of the forest against fire related to recreational forest equipment are defined in a regulation of the ICNF, IP, approved by the member of the Government responsible for the area of ​​forests, hearing the ANPC.

7 – (Repealed.)

8 – When fuel management bands and parcel mosaics occur in areas occupied by cork oaks and holm oaks, ICNF, IP, may authorize slabs with the purpose of reducing fuel continuity.

9 – The ICNF, IP, has the responsibility to develop the equalization instruments necessary for the installation of the primary network.

10 – The Government defines the mechanisms of application of the instruments foreseen in the previous number and the guarantee of compensation of the affected owners.

Article 14

[…]

1 – …

2 – The primary networks of fuel management bands defined in the framework of district forest fire defense planning shall be declared to be of public utility, under the terms of the preceding paragraph, with any alteration to the use of the soil or of the vegetal cover subject to binding opinion of the ICNF, IP, without prejudice to the remaining legal constraints.

3 – …

4 – …

SECTION II

[…]

Article 15

[…]

1 – In the forest areas previously defined in the PMDFCI it is obligatory that the responsible entity:

The) …

B) …

w) …

d) For medium voltage power distribution lines, provide fuel management in a range corresponding to the vertical projection of the outer conductor cables plus a width not less than 7 m wide on each side;

(e) by the natural gas transmission network (gas pipelines) provide fuel management on a lateral strip of confining land of not less than 7 m wide on each side counted from the duct axis.

2 – The owners, tenants, usufructuaries or entities that, in any way, hold lands bordering on buildings inserted in rural spaces, are obliged to proceed with the management of fuel, according to the norms contained in the annex of this decree-law and that it forms an integral part, in a band with the following dimensions:

(a) Width of not less than 50 m, measured from the exterior masonry of the building, where this range covers land occupied with forest, grassland or natural pastures;

b) Width defined in the PMDFCI, with a minimum of 10 m and a maximum of 50 m, measured from the exterior masonry of the building, when the range covers only land occupied with other occupations.

3 – The works defined in the previous number must be between the end of the critical period of the previous year and April 30 of each year.

4 – (Previous paragraph 3.)

5 – (Previous No. 4.)

6 – In the absence of intervention until May 31 of each year, under the terms of the previous numbers, owners or other entities holding in any way the administration of buildings inserted in the area provided for in paragraph 2 may be substituted for owners and other forest producers, carrying out the fuel management provided for in the previous number, by notifying the owners and, in the absence of a reply within 10 days, by a notice to be displayed at the place of work, within a period of not less than 5 days, Article 21

7 – (Previous paragraph 6.)

8 – Whenever the materials resulting from the fuel management action referred to in the preceding paragraph have commercial value, the product obtained in this way belongs to the respective owner or forest producer, but may be sold by the owner or entity that carried out the fuel management.

9 – Anyone who has carried out fuel management may exercise the right to offset credits by the proceeds of the sale, in proportion to the expenses incurred, by means of written notification to the respective owner or forestry producer, in accordance with the terms of articles 847 et seq. Civil Code.

10 – In the agglomerates inserted or confined with forest areas, and previously defined in the PMDFCI, it is mandatory to manage fuel in an outer protection range of a minimum width of not less than 100 m and, in view of the danger of rural fire at municipal level, another range is defined in the respective municipal forest fire defense plans.

11 – (Previous No. 9.)

12 – If, by April 30 of each year, the non-compliance referred to in the preceding paragraph is verified, it is the responsibility of the city council, until May 31 of each year, to carry out the fuel management work, with the reimburse, triggering the necessary mechanisms to reimburse the expenses incurred, being able, through protocol, to delegate this competence to the parish board.

13 – In the campsites, parks and industrial estates, logistics platforms and landfills inserted or confined with forest areas previously defined in the PMDFCI, fuel management and maintenance of an enclosing band with a width minimum of not less than 100 m, it being the responsibility of the respective management entity or, in its absence or non-fulfillment of its obligation, to the city council to carry out the respective work, which may, for this purpose, trigger the necessary mechanisms to reimburse the expenses incurred.

14 – (Previous No. 12)

15 – (Previous No. 13)

16 – (Previous No. 14.)

17 – (Previous 15).

18 – (Previous No. 16)

19 – (Previous No. 17)

20 – The provisions of the preceding paragraph shall not preclude the carrying out of awareness-raising campaigns, in particular broadcasting.

21 – The State develops a platform that allows citizens to participate in situations of danger related to compliance with this article.

Article 16

[…]

1 – The classification and qualification of the soil defined in the scope of the instruments of territorial management of individuals must consider the rural fire hazard mapping defined in the PMDFCI to be compulsorily included in the conditioning plan of the municipal and intermunicipal plans of the territory.

2 – The construction of new buildings in the areas classified in the rural fire hazard cartography defined in the PMDFCI as high and very high risk is not allowed outside the consolidated built-up areas.

3 – The construction of new buildings or the extension of existing buildings are only allowed outside the consolidated built areas, in the areas classified in the rural fire hazard mapping defined in PMDFCI as medium, low and very low hazard, provided they are met, cumulatively, the following constraints:

(a) ensure the distance to the property from a protected area of ​​at least 50 m when confined to land occupied by forests, natural grasslands or pastures, or the size defined in the respective PMDFCI when inserted , or confining with other occupations;

b) Adopt measures regarding the containment of possible ignition sources of fires in the building and its accesses;

c) Existence of binding opinion of the ICNF, IP, requested by the city council.

4 – For the purposes of the previous paragraph, when the protection range integrates established secondary or primary network, road infrastructures or water plans, the area of ​​these can be accounted for in the minimum distance required for that protection range.

5 – The construction of new buildings or the expansion of existing buildings, intended exclusively for housing tourism, tourism in rural areas, agriculture, forestry, livestock, aquaculture or related industrial activities and exclusively dedicated to the exploitation and exploitation of the products and by-products of their holding, may, in exceptional cases and at the request of the interested party, be reduced by up to 10 meters at a distance to the full ownership of the range of protection provided for in paragraph 3 (a), where following conditions to be approved by the city council, after hearing the CMDFCI, resulting from the risk analysis presented:

a) Exceptional measures of protection related to the defense and resistance of the building to the passage of fire;

b) Exceptional measures of containment of possible ignition sources of fires in the building and its accesses;

c) Existence of binding opinion of the ICNF, IP, requested by the city council;

d) For the purpose of the provisions set forth in the foregoing paragraphs, a regulation is approved that establishes the rules to which the risk analysis and the exceptional measures are subject, by order of the members of the Government responsible for the areas of civil protection and forests.

6 – The owners of lands bordering on those indicated in the previous number do not apply the provisions of paragraph 2 of the previous article.

7 – The restrictions provided for in this article do not apply to buildings within the areas provided for in paragraphs 9 and 12 of the preceding article.

8 – Extensions of the population groups, infrastructures, equipment and other areas mentioned in paragraphs 9, 10 and 11 of the previous article or new areas destined to the same purposes may, within the scope of the municipal or intermunicipal planning plans, be admitted in areas classified in the rural fire hazard mapping defined in PMDFCI as high and very high hazard if the following cumulative occurred:

a) It is technically feasible to minimize the danger of fire;

(b) be implemented through operational planning and management units identifying the risk control measures and the program for the installation and maintenance of the fuel management bands, as set out in that Article;

c) Existence of binding opinion of the ICNF, IP, requested by the city council.

9 – Municipal regulations should define the rules deriving from the defense measures established in the PMDFCI for consolidated built-up areas.

SECTION III

[…]

Article 17

[…]

1 – Forestry in the area of ​​forest fire protection includes the set of measures applied to forest stands, bushes and other spontaneous formations, at the level of the specific composition and its structural arrangement, with the objectives of reducing the danger of rural fire and guarantee the maximum resistance of the vegetation to the passage of fire.

2 – …

3 – The size of plots should vary between 20 hectares and 50 hectares in general cases, and between 1 hectare and 20 hectares in situations of greater fire hazard, defined in the PMDFCI, and their design and location should pay particular attention to the predictable behavior of fire.

4 – …

a) By the network of bands of fuel management or other land uses with low danger of rural fire;

B) …

w) …

5 – …

6 – In afforestation, reforestation and reforestation actions, whenever lines of water exist on the land, priority should be given to maintaining or recovering riparian galleries as long as edaphoclimatic conditions permit.

Article 20

[…]

The technical and functional standards related to the classification, registration, construction, maintenance and signaling of routes forming part of the forest road network, water points and primary network of fuel management bands are set out in its own rules, to be approved by ICNF regulation, approved by the member of the Government responsible for the area of ​​forests.

SECTION IV

[…]

Article 21

[…]

1 – Owners, forestry producers and entities that in any capacity hold the administration of the lands, buildings or infrastructure referred to in this Decree-Law are obliged to develop and carry out the actions and work of fuel management in accordance with the law.

2 – Without prejudice to the provisions in the case of non-compliance, in the event of non-compliance with the provisions of paragraphs 1, 2, 8, 11 and 13 of article 15, article 17 and article 18, shall, within a maximum of six days, inform the municipal councils, in the context of non-compliance with article 15, and the ICNF, IP, within the scope of articles 17 and 18.

3 – The municipal council or ICNF, IP, in accordance with the provisions of the previous number, shall notify, within a maximum of 10 days, the owners or entities responsible for carrying out the work, establishing an appropriate period for that purpose, owner or the entities responsible for the following procedures, pursuant to the Code of Administrative Procedure, giving notice to the GNR.

4 – After the deadline referred to in the preceding paragraph has not been completed, the city council or ICNF, IP, shall execute it without any formality being required, after which it notifies the responsible payment of the corresponding costs.

5 – After 60 days have elapsed without the payment being verified, the municipal council or ICNF, IP, extracts a certificate of debt.

6 – …

CHAPTER IV

[…]

Article 22

[…]

1 – …

2 – …

a) When the fire risk index of very high and maximum levels is verified, it is not allowed to access, circulate and remain within the areas referred to in the previous number, as well as in the forest paths, rural roads and other routes that cross them;

b) When the high level fire risk index is verified, it is not allowed, inside the areas referred to in the previous number, to carry out works involving the use of machinery without the devices provided for in article 30, develop any actions not related to the forestry and agricultural activities, as well as to circulate with motor vehicles in the forest paths, rural roads and other routes that cross them;

(c) Where the high and higher fire risk index is observed, all persons moving within the areas referred to in paragraph 1 and on forest paths, rural roads and other routes crossing or delimiting them are obliged to identify itself before the entities with supervisory powers under this Decree-Law.

3 – Outside of the critical period, and provided that the fire risk index of very high and maximum levels is verified, it is not allowed to access, circulate and remain within the areas referred to in paragraph 1, as well as in forest paths, rural roads and other routes that cross them.

4. In the absence of a critical period, and subject to a fire risk index of high and high levels, movement of persons within the areas referred to in paragraph 1 shall be subject to the measures referred to in paragraph 1 (c). 2.

Article 25

[…]

1 – The execution of awareness campaigns is, regardless of the entities that carry them out, coordinated by the ICNF, IP

2 – The ICNF, IP, the district forest defense commissions and the municipal forest defense commissions, the promotion of awareness campaigns and public information, which should consider the value and importance of forest areas, the to adopt by the citizen in the use of the forest spaces and a preventive component that contemplates the advisable and obligatory techniques and practices of the correct use of the fire.

3 – Public support for awareness campaigns to defend the forest against fire should be integrated into the scope of the PNDFCI, the PDDFCI and the PMDFCI, according to the geographical scale of the initiative and must observe a common identification defined by the ICNF, IP

4 – It is the responsibility of the national meteorological authority to promote the periodic disclosure of the fire risk index, and the disclosure may be daily when this index is high, very high or maximum, for the purposes of applying the provisions of article 22.

5 – It is incumbent on the ICNF, IP, the disclosure of recommended or mandatory preventive measures, including those referred to in articles 22, 27, 28 and 29, as well as their territorial incidence.

CHAPTER V

[…]

Article 26

[…]

1 – The actions of technical fire, in the modalities of controlled fire and suppression fire, can only be carried out according to the technical and functional norms defined in regulation of the ICNF, IP, homologated by the member of the Government responsible for the area of ​​forests, heard the ANPC and GNR.

2 – Controlled fire actions are performed under guidance and responsibility of an element accredited for this purpose by ICNF, IP

3 – Suppression fire actions are performed under guiding and responsibility of element accredited in suppression fire by the ANPC.

4 – The performance of controlled fire may occur during the critical period, provided the rural fire risk index is below the average level of danger and provided the action is authorized by the ANPC.

5 – …

6 – …

Article 27

[…]

1 – …

2 – The execution of fires is allowed only after authorization of the municipality or the parish, in accordance with the law that establishes the framework for the transfer of powers to local authorities, in the presence of a certified firefighter or, in his absence, a team firefighters or forestry personnel.

3 – The application for authorization is registered in the SGIF, by the municipality or by the parish.

4 – (Previous paragraph 3.)

5 – Burning is permitted only outside the critical period and provided the rural fire risk index is below the high level.

6 – The provisions of this article shall not apply to heaped farm surpluses.

Article 28

[…]

1 – …

2 – In all rural areas, outside the critical period and provided that the fire risk index of very high and maximum levels is verified, the restrictions referred to in the preceding paragraph are maintained.

3 – …

4 – …

5 – The activities developed by members of the organizations defined in no. 3 of article 3 of Law no. 23/2006, dated June 23, are excepted from the provisions in paragraphs 1 and 2.

6 – Abandonment of burning of leftovers in rural areas and in agglomerations at any time of the year is prohibited.

Article 29

[…]

1 – …

2 – During the critical period, the use of fireworks or other pyrotechnic artifacts, other than those indicated in the previous number, is subject to prior authorization by the municipality or the parish, in accordance with the law establishing the framework for the transfer of competences for local authorities.

3 – …

4 – …

5 – …

6 – Outside of the critical period and provided that the fire risk index of very high and maximum levels is verified, the restrictions referred to in paragraphs 1, 2 and 4 shall be maintained.

7 – …

Article 30

[…]

1. During the critical period, in work and other activities taking place in all rural areas, internal or external combustion machinery, including all types of heavy-duty tractors, machinery and vehicles, shall be equipped with the following equipments:

(a) one or two fire extinguishers of 6 kg each, according to their maximum mass and less than or equal to 10 000 kg, except for chainsaws, motor sailers and other small portable machinery;

(b) Sparking or sparking devices, except in the case of chainsaws, motor saws and other small portable machinery.

2 – The government creates modulated financing lines to comply with the previous number.

3 – Notwithstanding the provisions of the following paragraph, when the maximum level of rural fire risk index is verified, work in the forest areas with the use of motor-machines, cross-cutters and shredders is not allowed.

4 – Exceptions to the previous number are the use of motor-harvesters using nylon cord cutting heads, as well as work and other activities directly associated with emergency situations, namely fire-fighting in rural areas.

CHAPTER VI

[…]

SECTION I

[…]

Article 31

[…]

1 – …

2 – …

3 – …

The) …

b) For the RNPV, which assures throughout the territory of the continent the functions of fixed detection of occurrences of fires;

c) A network of video surveillance, which complements and reinforces throughout the territory of the continent, the functions of fixed detection of occurrences of fires;

d) [Previous letter c).]

e) By air surveillance network.

Article 32

[…]

1 – The RNPV is constituted by public and private lookout stations installed in places previously approved by the GNR General Commander, after hearing the ICNF, IP, and ANPC and approved by the member of the Government responsible for the area of ​​civil protection.

2 – RNPV’s detection coverage may be complemented by a video surveillance system, mobile detection means or other means that may prove to be technologically appropriate, to be regulated by the order of government members responsible for the areas of civil protection and forests.

3 – …

4 – …

5 – …

6 – …

7 – …

8 – …

Article 33

[…]

1 – Mobile surveillance systems include the mobile surveillance brigades that the State is set up, forestry firefighters, fire brigades when pre-positioned, elements of the Nature Protection and Environment Service and the military of the Intervention Group of Protection and Relief of the GNR, municipalities and parishes and other groups that for this purpose will be recognized by the GNR.

2 – Video surveillance systems comprise the means of the State, the means of the Intermunicipal Communities, the municipalities and the parishes.

3 – Airborne surveillance systems shall comprise manned and unmanned aircraft certified by the competent authorities.

4 – With regard to the air surveillance systems of the Armed Forces, the coordination provided for in paragraph b) of paragraph 3 of article 2, shall take the form of a prior communication by the Armed Forces to the GNR regarding the period of operation and overflown areas.

5 – The mobile, video surveillance and aerial surveillance systems have, in particular, the following objectives:

(a) increase the deterrent effect;

b) Identify causal or suspected agents of fires or anomalous situations and behaviors;

c) Detect fires in shady areas of watchtowers;

d) To provide actions of first intervention in nascent fires.

6 – In each of the municipalities, the management of mobile surveillance and video surveillance systems is carried out at the municipal level, in order to guarantee the maximization of resources in the occupation of the territory.

7 – The GNR is responsible for coordinating the surveillance actions carried out by the various entities, without prejudice to the articulation provided for in paragraph 3 of article 34.

8 – The provisions of the previous numbers do not affect the application of the regime of protection of personal data.

9 – The Ministry of Agriculture establishes the calendar for the creation of teams of forestry workers, with the objective of reaching 500 teams in 2019.

10 – The government creates a body of forest rangers, with the duties and functions of the former National Guard Body, extinguished by Decree-Law no. 22/2006, of February 2.

Article 34

[…]

1 – The Armed Forces, without prejudice to the fulfillment of their primary mission, may participate, in exceptional situations and with due regard to the patrolling, mobile and aerial surveillance actions, having for that purpose the supervisory powers provided for in article 11. Of Decree-Law no. 327/80, of August 26, with the wording given to it by Law no. 10/81, of July 10.

2 – The Armed Forces collaborate in actions in the areas of prevention, mobile and aerial surveillance, detection, nascent fire intervention, aftermath and post-fire forest surveillance, opening of firebreaks, in the fuel management actions of the national forests or administered by the State and in forest patrol, in terms to be defined by joint order of the members of the Government responsible for the areas of civil protection, defense and forests.

3 – …

4 – It is incumbent upon the ICNF, IP, to coordinate with the Armed Forces the actions that these will develop in the opening of fuel management bands and in the actions of fuel management of the forest spaces, informing the municipal forest defense commission.

SECTION II

[…]

Article 35

Combat, aftermath and active surveillance aftermath

1 – …

2 – The operations to combat rural fires, as well as the respective aftermath operations necessary to guarantee the perfect extinction conditions are provided by entities with responsibilities in the fight against rural fires and by professionals accredited for this purpose and under the guidance of the ANPC.

3 – The special bodies of fire guards, foresters, nature watchmen and other entities, brigades or groups that may be recognized for this purpose may also take part in the operations of the aftermath, particularly in situations of several simultaneous occurrences. by ANPC.

4 – …

5 – ANPC and ICNF, IP, may conclude protocols with private entities, namely telecommunications operators, concerning emergency message systems, in particular regarding the sending of broadcast messages or sending messages to mobile devices connected to a certain tower communications.

Article 36

[…]

1 – …

2 – …

3 – In the post-fire period, before the rainy season, measures must be taken to mitigate environmental impacts, adequate for each specific case, namely erosion control, torrential correction and prevention of contamination of water lines by debris, according to the order of the member of the competent Government for the area of ​​the forests.

CHAPTER VII

[…]

Article 37

[…]

1 – …

2 – It is incumbent upon the members of the Government responsible for the areas of civil protection and forests, the definition of the guidelines in the field of the inspection of the established in the present decree-law.

CHAPTER VIII

[…]

Article 38

[…]

1 – Violations of the provisions of this Decree-Law constitute counterfeit offenses punishable by a fine, from € 140 to € 5000 in the case of a natural person and from € 1,500 to € 60,000 in the case of persons under the terms set forth in the following paragraphs.

2 – …

a) Infringement of the provisions of paragraphs 1, 2, 9, 10, 12, 13 and 14 of article 15;

b) (Repealed.)

c) (Repealed.)

d) …

e) A violation of the provisions of paragraphs 3 and 4 of article 16, except in the case of paragraph 4 in the situations provided for in paragraph 7 of that article;

f) Infringement of the provisions of paragraphs 3, 4 and 6 of article 17;

(g) (Repealed.)

h) Infringement of the provisions in paragraphs 1 and 2 of article 19;

i) Infringement of the provisions of paragraph 2 a) and b) and in paragraphs 3 and 4 of article 22;

j) (Repealed.)

l) Infringement of the provisions of paragraphs 1, 2, 3, 4 and 5 of article 26;

m) (Repealed.)

n) (Revoked.)

O) …

p) Infringement of the provisions in paragraphs 1, 2 and 6 of article 28 and in article 29;

q) …

r) …

3 – …

4 – …

Article 39

[…]

1 – Depending on the severity of the misconduct and the fault of the agent, ICNF, IP, may determine, in addition to the fines provided for in Article 38 (2) (l) and (p), the application of the following ancillary sanctions, in the scope of forestry activities and projects:

The) …

B) …

2 – …

3 – …

Article 40

[…]

1 – …

2 – …

3 – …

a) To the reporting entity, among those referred to in Article 37, in the situations provided for in Article 38 (2) (a), (d), (h), (o) and (p);

b) To the ICNF, IP, in all other cases.

4 – …

The) …

b) To the ICNF, IP, in the cases referred to in point b) of the previous number.

5 – …

Article 41

[…]

1 – The allocation of the proceeds of the fines collected as a result of the application of the provisions in paragraphs a), d), o) and p) of paragraph 2 of article 38 is made as follows:

The) …

B) …

w) …

d) …

2 – …

3 – (Repealed.)

4 – … »

Article 3

Amendment to the Annex to Decree-Law no. 124/2006, of June 28

The annex to Decree-Law no. 124/2006, of June 28, amended by Decree-Laws no. 15/2009, of January 14, 17/2009, of January 14, 114/2011, of 30 of November, and 83/2014, of May 23, is replaced by the following:

“ATTACHMENT

[…]

A) General criteria – in the management of fuels involving buildings, agglomerates, equipment and infrastructures, the following criteria must be met:

1 – …

2 – …

The) …

B) …

TABLE 1

[…]

3 – …

4 – …

5 – In the case of fuel management bands that cover classified groves of public interest, protection zones of national buildings and monuments, patches of trees with special patrimonial or landscape value or patches of groves and other protected vegetation in the context of nature conservation and biodiversity, as identified in a forest management instrument, or other instruments of territorial management or management of the Natura 2000 Network, the municipal forest defense commission may approve specific criteria for fuel management.

(B) Additional criteria for the building envelope – in the fuel management bands which surround buildings in addition to the provisions of point A) of this Annex, the following criteria must also be met cumulatively:

1 – …

2 – …

3 – …

4 – … »

Article 4

Amendment to Decree-Law no. 124/2006, of June 28

They are added to Decree-Law no. 124/2006, of June 28, modified by Decree-Laws no. 15/2009, of January 14, 17/2009, of January 14, 114/2011, of 30 and 83/2014 of 23 May, Articles 2a, 26a, 26b and 37a, with the following wording:

‘Article 2a

Duration of critical period

The critical period under the SDFCI runs from July 1 to September 30, and its duration can be changed, in exceptional situations, by order of the member of the government responsible for forests.

Article 26a

Fire fuel management

1 – In the areas outlined in the Municipal Operational Plan with resource potential, the fuel management fire may the option for this practice be requested by the COS.

2 – In the situations mentioned in the preceding paragraph, the authorization of the application of this practice requires a favorable decision on the part of the ANPC District Operational Commander, after hearing the liaison officers of the ICNF, IP, GNR and the District Operational Coordination Center of that district.

3 – Fire of fuel management is only allowed when local and predicted meteorological conditions fall within the prescribed fire control conditions described in the technical fire regulation, attached to Dispatch no. 7511/2014, published in the Diário da República, 2nd series, no. 110, of June 9.

4 – Exceptions may be made to situations not provided for in the previous article if a fire-certified technician or a fire-extinguisher accredited technician evaluates that the meteorological conditions permit the use of the fire of fuel management.

5 – The evaluation of the meteorological conditions that allow the use of the fire of fuel management is recorded in the tape of the time of the fire as well as the identification of the technician who carried out the evaluation.

6 – The use of the fuel management fire should be accompanied by the District Relief Operations Command in close coordination with the COS, ensuring that the initial conditions for its realization are maintained.

7 – The areas subject to fire of fuel management are obligatorily mapped, regardless of their size, and unequivocally marked as having resulted from this practice.

8 – Burned areas resulting from fuel fire must be recorded as such in the Forest Fire Information Management System (SGIF) and accounted for autonomously.

Article 26b

Mapping of the burned areas

1 – The GNR is responsible for the mapping of areas burned by rural fires, including those resulting from the use of fuel management fire, with the involvement of the municipal councils.

2 – The cartographic survey of the burned areas should focus on areas equal to or greater than 1 hectare.

3 – The burned areas are updated annually with reference to December 31 of each year.

4 – The GNR must proceed to the loading of the cartographic surveys in the SGIF, until January 31 of the following year.

5 – The technical specifications related to the cartographic survey of areas burned by rural fires are elaborated by the ICNF, IP, heard by GNR and ANPC.

6 – It is incumbent on the ICNF, IP, the dissemination of the annual cartography of burned areas on its website.

7 – The cartography mentioned in the previous articles serves as a basis for the administrative acts established under Decree-Law no. 327/90, of October 22, as amended by Law no. 54/91, of August 8, and by Decree-Laws No. 34/99 of 5 February and 55/2007 of 12 March.

Article 37a

Identification of owners

1 – For the purpose of identifying and notifying the owners or holders of the properties, the supervisory bodies have access to the fiscal data relating to the buildings, including the identification of the owners and their respective fiscal domicile, by means of a protocol to be signed with the Tax and Customs Authority.

2 – Without prejudice to the previous number, the supervisory entities also have access to the data related to the buildings included in the Balcão Único do Prédio database.

3 – For the purpose of notifying owners in connection with the implementation of the Forest Fire Protection infrastructures, notification may be made by means of a notice in cases where it is impossible to notify by another means.

Article 5

Revocatory standard

The following shall be repealed:

a) Article 2 of Decree-Law no. 327/90, of October 22, amended by Law no. 54/91, of August 8, and by Decree-Laws no. 34/99, of February 5, and 55/2007, of March 12;

(b) Article 2 (7), Article 3c (1) (g), (d), Article 3d (1) (d), (3), (b), (c), (g), (j), (m) and of article 38, paragraph 2, article 41, paragraph 3, and article 42 of Decree-Law no. 124/2006, of June 28, amended by Decree-Laws no. the 15/2009, of January 14, 17/2009, of January 14, 114/2011, of November 30, and 83/2014, of May 23.

Article 6

Republishing

Decree-Law no. 124/2006, of June 28, with the current wording, is republished in an annex to the present law, of which it forms an integral part.

Article 7

Implementation

This law shall enter into force on the day following its publication.

Approved July 19, 2017.

The President of the Assembly of the Republic, Eduardo Ferro Rodrigues.

Promulgated on August 8, 2017.

Post it.

The President of the Republic, Marcelo Rebelo de Sousa.

Countersigned on August 9, 2017.

The Prime Minister, António Luís Santos da Costa.

ATTACHMENT

(referred to in Article 6)

Republishing of Decree-Law no. 124/2006, of June 28

CHAPTER I

General provisions

Article 1

Subject matter and scope

1 – This decree-law structures the Forest Fire Protection System (SDFCI).

2 – This decree-law applies to the entire continental Portuguese territory.

Article 2

Forest Fire Protection System

1 – The SDFCI provides for a set of measures and actions for institutional coordination, planning and intervention related to the prevention and protection of forests against fire, in terms of the compatibility of instruments for planning, awareness-raising, planning, conservation and management of the forest territory , forestry, infrastructure, surveillance, detection, combat, post-fire, post-fire surveillance and surveillance, to be carried out by public entities with expertise in the defense of the forest against fire and private entities with intervention in the forestry sector.

2 – Under the SDDSI, structural prevention plays a predominant role, based on concerted planning and the search for joint strategies, giving greater regional and national coherence to the defense of the forest against fire.

3 – Under the SDFCI, it is:

a) To the Institute of Nature Conservation and Forests (ICNF, IP), the coordination of structural prevention actions, in the areas of awareness raising, planning, forest area organization, forestry and forest fire protection infrastructure;

b) The National Republican Guard (GNR) to coordinate preventive actions related to surveillance, detection and inspection;

c) The National Civil Protection Authority (ANPC) coordinates the actions of combat, aftermath and post-fire surveillance.

4 – The ICNF, IP, is responsible for the organization and coordination of the structural prevention device, which during the critical period is part of the operational structure provided for in the special firefighting device (DECIF).

5 – It is also incumbent upon the ICNF, IP, to maintain an information system on forest fires at national level through the adoption of a forest fire information management system (GISMS) and the records of the burning areas.

6 – The system referred to in the preceding paragraph receives information on the systems for the management of occurrences, management of human, material and financial resources of all forest fire protection agents, with protocols ensuring confidentiality, transparency and sharing of information between all public and private entities.

7 – (Repealed.)

8 – All public entities that are part of the SDFCI are subject to the duty of collaboration and have access to the SGIF data necessary for the definition of policies and actions for structural prevention, surveillance, detection, combat, aftermath, active surveillance aftermath and supervision.

9 – The rules of creation and operation of the SGIF are approved, upon proposal of the ICNF, IP, after hearing the ANPC and the GNR.

10 – A team responsible for promoting, monitoring and monitoring the implementation of the National Forest Fire Protection Plan (PNDFCI) is set up within the framework of the ICNF, IP, with a coordinator appointed in accordance with the applicable legislation.

11 – Annually, until September 30, the team referred to in the previous number presents the plan and budget for the application of the PNDFCI for the following year, to autonomize in the Budget of the ICNF, IP, explaining the amounts to be affected by the State and, funds to be made available by other entities.

12 – By March 21 of each year, the team referred to in no. 10 shall draw up the balance and accounts for the application of the PNDFCI in the previous year, indicating the degree of compliance with the defined goals.

Article 2a

Duration of critical period

The critical period under the SDFCI runs from July 1 to September 30, and its duration can be changed, in exceptional situations, by order of the member of the government responsible for forests.

Article 3

Definitions

1 – For the purposes of the provisions of this Decree-Law, the following definitions shall apply:

(a) ‘agglomerate’ means a group of contiguous or nearby buildings, not more than 50 m apart with 10 or more fires, the perimeter of which consists of a closed polygonal line which, enclosing all buildings, delimits the smallest possible area;

(b) ‘Consolidated built-up areas’ means the areas of concentration of buildings classified in municipal and inter-municipal land use plans as urban land or as agglomerated land;

(c) ‘cargo’ means the site intended for the temporary concentration of woody material resulting from forestry operations in order to facilitate loading operations, in particular by placing woody material on transport vehicles which will take it to consumption and transport units for the end user or for wood parks;

(d) ‘counter-fire’ means the use of fire in the context of combating forest fires, consisting of the ignition of a fire along a support zone, in front of a fire front in order to cause interaction of the two fire fronts. and to change its direction of propagation or to cause its extinction;

(e) ‘fire detection’ means the identification and precise location of occurrences of forest fire with a view to their rapid communication to the bodies responsible for the fire;

f) “Building” means the activity or result of the construction, reconstruction, expansion, alteration or conservation of a property intended for human use, as well as any other construction that is incorporated in the soil with a permanence character, with the exception of works of little urban relevance for the purposes of applying this decree-law;

(g) ‘building’ means a permanent building with independent, covered access, bounded by exterior walls or wall walls extending from foundations to cover, intended for human or other use, with the exception of buildings corresponding to works of limited urban ;

(h) ‘forest areas’ means land occupied by forests, grasses and pastures or other spontaneous plant formations, according to the criteria defined in the National Forest Inventory;

(i) ‘rural areas’ means forest areas and agricultural land;

(j) ‘forest’ means the land with an area greater than or equal to 0,5 hectares and a width greater than or equal to 20 meters where there is a presence of forest trees which have reached or are capable of reaching a height higher than 5 meters and covered degree greater or equal to 10%;

(l) ‘controlled fire’ means the use of fire in the management of forest areas under conditions, standards and procedures conducive to the attainment of specific and quantifiable objectives and which is carried out under the responsibility of an accredited technician;

(m) ‘fuel fire’ means the use of fire which, under suitable meteorological conditions, and in rural areas of low value, allows the development of the rural fire within a pre-established perimeter, with a lower commitment of means of suppression in the inside it;

(n) ‘Suppression fire’ means the technical use of fire in the context of combating rural fires comprising tactical fire and counter-fire when carried out under the responsibility of the Relief Operations Commander (COS);

(o) ‘tactical fire’ means the use of fire in the context of combating forest fires, consisting of the ignition of a fire along a support zone with the aim of reducing the availability of fuel and thereby reducing the intensity of the fire; fire, complete or correct the extinction of an area of ​​aftermath in order to reduce the likelihood of re-establishment, or create a safety zone for the protection of persons and property;

(p) ‘technical fire’ means the use of fire involving controlled fire and suppression fire components;

(q) ‘bonfire’ means flame combustion, confined in space and time, for heating, lighting, food confectioning, protection and safety, recreation or the like;

(r) ‘fuel management’ means the creation and maintenance of the horizontal and vertical discontinuity of the fuel load in rural areas, by modifying or partially or totally removing plant biomass, in particular by grazing, cutting and recommended with the intensity and frequency adequate to the satisfaction of the objectives of the intervened spaces;

(s) ‘agricultural fire’ means a rural fire in which the agricultural burning area is greater than the wooded burning area and the wooded burning area is less than 1 hectare;

(t) ‘forest fire’ means a rural fire in which the forest burning area is greater than the agricultural area and the total burning area is less than 1 hectare or where the forest burning area exceeds 1 hectare;

(u) ‘rural fire’ means a forest or agricultural fire occurring in rural areas;

(v) ‘rural fire risk index’ means the numerical expression which, by translating the state of the fuels by action of the meteorology and the relevant meteorological parameters, helps to determine where the conditions for ignition or propagation of fire are most favorable;

(x) ‘rural fire hazard index’ means the probability of rural fire occurring in a given time period and in a given area, depending on the susceptibility of the territory and the scenarios considered;

(z) ‘forest management instruments’ means forest management plans, structural elements of forest intervention areas, projects drawn up under various public programs to support the development and protection of forest resources, as well as projects to be submitted to the assessment of public entities within the scope of forestry legislation;

aa) ‘Mosaic of fuel management plots’ means the set of strategically located parcels of land where, through silvicultural actions, the various fuel strata are managed and the structure and composition of the plant formations are diversified, with the primary goal of forest fire defense;

(bb) ‘critical period’ means the period during which special forest fire prevention measures and actions are in force as a result of exceptional meteorological circumstances;

(cc) ‘plan’ means the integrated study of the elements governing intervention actions in the field of forest fire protection in a given territory, identifying the objectives to be achieved, the capacities to be achieved, the powers and tasks of the actors involved and the means necessary to carry out the planned actions;

(dd) ‘forest stocking’ shall mean the land with an area of ​​greater than or equal to 0,5 hectares and a width of 20 meters or more where there is a presence of forest trees which have reached or are capable of reaching a height higher than 5 meters and covered degree greater or equal to 10%;

(ee) “Baldios” means land with its parts and equipment, owned and managed by local communities, as defined in the Waste Scheme and other Community means of production (Law No 75/2017 of 17 August );

(ff) ‘owners and other forest producers’ means owners, usufructuaries, landlords, tenants or whoever, in any capacity, possesses or holds the management of lands forming part of the continent’s forest areas, irrespective of their legal nature;

(gg) ‘burning’ means the use of fire to eliminate leftover, cut and heaped leftovers;

(hh) ‘burned’ means the use of fire for the renewal of grazing land and for the removal of stubble, and for the disposal of cut but not heaped farm surpluses;

(ii) ‘recovery’ means the set of activities aimed at promoting measures and actions for recovery and rehabilitation, such as mitigation of impacts and recovery of ecosystems;

(jj) ‘fuel management network’ means a set of strategically located linear parcels of land where the total or partial removal of forest biomass is ensured through the allocation to non-forest uses and the use of certain activities or forestry techniques with the main objective of creating opportunities for combating rural fire and reducing fire susceptibility;

(ll) ‘Combat Support Infrastructure Network’ means all infrastructures and equipment related to the entities responsible for combating and supporting forest fire, relevant for this purpose, including the barracks and buildings of fire brigades, forest fighters, the GNR, the Armed Forces and local authorities, land for the installation of operational control posts and infrastructures to support the operation of air transport;

(mm) ‘water point network’ means the pool of water storage structures, accessible water systems and water points, with functions to support the replenishment of fire-fighting equipment;

(nn) ‘fire monitoring and detection network’ means all infrastructures and equipment designed to enable the efficient implementation of fire detection, surveillance, surveillance and deterrence actions, including the national network of watch stations (RNPV), strategic parking locations, special mobile surveillance sections and surveillance rails, video surveillance or other means that prove to be technologically appropriate;

oo) ‘Forest road network’ means the set of communication routes integrated in the spaces which support its management, with functions which include circulation for the use of natural resources, for the constitution, conduct and exploitation of forest stands and pastures;

pp) “Aftermath” means the technical operation aimed at the extinction of the fire;

(qq) ‘rural fire risk’ means the likelihood that a rural fire will occur at a particular location, under certain circumstances, and impacts on the affected elements, depending on the danger and potential damage to the elements at risk;

(rr) ‘farm surpluses’ means woody material and other plant material resulting from agroforestry activities;

(ss) ‘susceptibility to rural fire’ means the propensity of a given area or territorial unit to be affected by the phenomenon under consideration, assessed on the basis of the properties which are intrinsic to it, being more or less susceptible to fire as it would best allow deflagration and the progression of a fire;

(tt) ‘suppression’ means the concrete and objective action intended to extinguish a fire, including a guarantee that there are no overruns, which has three main phases: the first intervention, the fight and the aftermath;

(uu) ‘housing tourism’ means establishments of a family nature installed in privately-owned, privately-owned buildings which, for their architectural, historic or artistic value, are representative of a particular period, namely palaces and lots, and may be located in rural or urban areas ;

(vv) ‘tourism in rural areas’ means establishments which are intended to provide accommodation services to tourists in rural areas, preserving, restoring and enhancing the architectural, historical, natural and scenic heritage of the respective places and regions where they are situated, through the reconstruction, rehabilitation or expansion of existing buildings, in order to ensure their integration in the surroundings.

2 – The fuel management criteria are defined in the annex to this Decree-Law, which forms an integral part of it, and must be applied in the activities of forest management and in the defense of people and goods.

CHAPTER II

Forest Fire Protection Planning

SECTION I

Forest defense commissions

Article 3a

Scope, nature and mission

1 – The forest defense commissions, at the district or municipal level, are articulation, planning and action structures whose mission is to coordinate forest protection programs.

2 – District forest defense commissions, which are responsible for district coordination of structural prevention programs and actions, liaise with district civil protection commissions responsible for district coordination as a structure for policy coordination on civil protection matters.

3 – Municipal forest defense commissions (CMDFs) can be grouped into inter-municipal commissions, provided that they correspond to a geographical area included in the same regional forest management program (PROF), with a view to optimizing resources and actions.

4 – The district commissions function under the coordination of the regional official of the ICNF, IP, and the municipal commissions under the coordination of the mayor of the city.

Article 3b

Assignments

1 – The attributions of the district commissions are:

a) Articulate the activities of the organisms with competence in the defense of the forest, within its geographical area;

(b) to draw up a forest fire defense plan setting out the measures necessary for that purpose and including the forecasting and integrated planning of the interventions of the different entities in the event of fires, including the location of forest firefighting infrastructures in with PNDFCI and its PROF;

c) Promote and monitor the development of forest protection actions at the district level;

d) Collaborate in the dissemination of warnings to the populations;

e) Collaborate in awareness programs.

2 – The attributions of municipal commissions are:

a) Articulate the activities of the organisms with competence in the defense of the forest, within its geographical area;

b) Evaluate and issue an opinion on the municipal forest fire defense plan (PMDFCI);

c) To propose investment projects in the prevention and protection of the forest against fires, according to the applicable plans;

d) Consider the annual implementation report of the PMDFCI to be presented by the city council;

e) To monitor the development of programs for the control of biotic agents and to promote forest protection actions;

f) Accompany the development of actions to raise awareness among the population, according to a national awareness plan developed by ICNF, IP;

g) To promote at the level of local civil protection units, the creation of teams of volunteers to support fire protection in rural settlements and to support the identification and training of personnel assigned to this mission, so that it can operate safely;

h) Identify and advise the signaling of forest infrastructures for the prevention and protection of the forest against fire, for a more efficient and effective use by the means of combat;

i) Identify and propose forest areas to be subject to special information, with a view to conditioning access, movement and permanence;

j) Collaborate in the dissemination of notices to the populations;

l) Evaluate the plans of controlled fire submitted to it by the proposing entities, within the scope of the provisions of the Controlled Fire Regulation;

m) Issue, when requested, an opinion on national forest protection programs;

n) Approve the delimitation of the identified areas in municipal planning with potential for the practice of fire of fuel management.

Article 3c

Composition of district committees

1 – The district commissions have the following composition:

(a) (Repealed.)

b) The regional head of the ICNF, IP, who chairs;

c) (Repealed.)

d) One representative from each municipality, indicated by the respective mayor;

e) The district operational commander of the ANPC;

f) The commander of the respective territorial command of GNR;

(g) (Repealed.)

h) A representative of the Armed Forces;

i) A representative of the Maritime Authority, in the districts where it has jurisdiction;

j) A representative of the Public Security Police (PSP);

l) A representative of the regional coordination and development committee that is territorially competent;

(m) two representatives of forest producer organizations;

n) (Revoked.)

o) A representative of the League of Portuguese Firemen;

p) A representative of Infraestruturas de Portugal, SA (IP, SA), a representative of the Institute of Mobility and Transport, IP (IMT, IP), and two representatives of electric energy distribution and transmission concessionaires;

q) Other entities and personalities invited by the committee chair.

2 – In municipalities where there are vacant units there is a representative of the respective boards of directors.

3 – The technical support to the district commissions is assured by the service of the ICNF, IP, territorially competent.

4 – In order to monitor the preparation and implementation of the District Forest Fire Protection Plan (PDDFCI), the District Commission may appoint a special technical commission from among its members.

5 – The performance of functions in the commission provided for in this article does not give rise to the right to any remuneration.

Article 3d

Composition of municipal commissions

1 – The municipal commissions have the following composition:

a) The mayor or his representative, who chairs;

b) Up to five representatives of the municipal parishes, to be designated by the municipal assembly;

c) A representative of the ICNF, IP;

d) (Repealed.)

e) The municipal coordinator of civil protection;

f) A representative of GNR;

g) A representative of the PSP, if it is represented in the municipality;

(h) a representative of forest producer organizations;

i) A representative of IP, SA, a representative of the IMT, IP, and two representatives of the distribution and transmission concessionaires of electric energy, whenever warranted;

j) Other entities and personalities invited by the committee chair.

2 – In municipalities where there are vacant units there is a representative of the respective boards of directors.

3 – The technical and administrative support to the commissions is assured by the municipal services.

4 – Commissions may be supported by a forestry technical office under the responsibility of the town hall.

5 – The performance of functions in the commission provided for in this article does not give rise to the right to any remuneration.

SECTION II

Planning Elements

Article 4

Rural fire risk index

1 – The fire risk index establishes the daily risk of occurrence of rural fire, whose levels are low (1), moderate (2), high (3), very high (4) and maximum (5), combining the information of the meteorological fire hazard index produced by the entity in charge of the national meteorological authority function, with the conjunctural risk index defined by ICNF, IP

2 – The rural fire risk index is prepared and disseminated daily by the national meteorological authority.

Article 5

Classification of the continent according to the danger of rural fire

1 – For the purposes of this Decree-Law and based on criteria for evaluating the index of danger of rural fire in mainland Portugal, the classification of the territory is established, according to the following qualitative classes:

a) Class I – Very low;

b) Class II – Low;

c) Class III – Medium;

d) Class IV – Registration;

e) Class V – Very high.

2 – The numerical model for the definition of the national and municipal scale rural fire hazard index is published by ICNF, IP

3 – The classification of the continental territory according to the index of danger of rural fire is, nationally, annually published in the page of the ICNF, IP, after hearing the ANPC.

Article 6

Critical areas

1 – Forest patches where priority is given to the application of more stringent measures to protect the forest against fire, either in view of the high susceptibility or the hazard they represent or in terms of their patrimonial, social or ecological value, are designated as zones critical, being identified, demarcated and the target of own planning in the PROF.

2 – Critical zones are defined by ordinance of the members of the Government responsible for the forest areas and the environment.

SECTION III

Forest Fire Protection Planning

Article 7

Forest Fire Protection Planning

1 – Ensuring the territorial consistency of policies, instruments, measures and actions, forest fire defense planning has a national, district and municipal level.

2 – National planning, through the PNDFCI, organizes the system, defines the vision, strategy, strategic axes, goals, objectives and priority actions.

3 – District planning has a tactical framework and is characterized by the ranking and organization of the actions and objectives defined in the PNDFCI at the district level, guiding by priority levels the actions identified at the municipal level.

4 – Municipal planning has an executive nature and operational programming and should comply with the guidelines and priorities of the district and local, in a logic of contribution to the national whole.

Article 8

National Forest Fire Protection Plan

1 – The PNDFCI defines the general objectives of prevention, pre-suppression, suppression and recovery in a systemic and transversal framework of forest fire protection.

2 – The PNDFCI is a multi-annual, inter-ministerial plan, subject to biannual evaluation, and where the policy and measures for the protection of the forest against fire, including prevention, sensitization, surveillance, detection, combat, suppression, recovery of burned areas, research and development, coordination and training of the means and agents involved, as well as a clear definition of objectives and goals to be achieved, timing of measures and actions, budget, financial plan and execution indicators.

3 – (Repealed.)

4 – The PNDFCI should contain guidelines to be implemented in the PROF, reflecting the subsequent levels of planning.

5 – The PNDFCI is prepared by the ICNF, IP, and approved by resolution of the Council of Ministers, and its monitoring is the subject of a biannual report prepared by an external entity.

6 – (Repealed.)

Article 9

District Forest Fire Protection Planning

1 – District forest fire defense planning develops the national guidelines resulting from national forest planning and the PNDFCI, establishing the district forest fire defense strategy.

2 – The coordination and ongoing updating of district planning rests with the respective regional forest managers.

3 – (Repealed.)

4 – (Repealed.)

Article 10

Forest fire defense municipal planning

1 – The municipal or intermunicipal PMDFCI contain the actions necessary to defend the forest against fire and, in addition to the prevention actions, include the forecasting and integrated programming of the interventions of the different entities involved in the event of a possible occurrence of fires.

2 – The PMDFCI are prepared by the municipal councils, subject to prior opinion of the respective CMDF and binding opinion of the ICNF, IP, and approved by the municipal assembly, in agreement with the PNDFCI and with the respective district forest fire defense planning. the elaboration, public consultation and approval rules and their standard structure established by ICNF regulation, IP, approved by the member of the Government responsible for the area of ​​forests.

3 – Coordination and management of the PMDFCI is the responsibility of the mayor.

4 – The elaboration, execution, and annual evaluation of the implementation and updating of the PMDFCI are mandatory, and the city council must devote the execution of its component within the scope of the plans and annual reports of activities.

5 – The mapping of the forest fire defense network consisting of the primary network of fuel management bands, fundamental forest road network, water point network and national network of lookout stations (RNPV), as well as the letter of danger forest fires listed in the PMDFCI should be incorporated and regulated in their respective municipal spatial planning plans.

6 – The plants of the PMDFCI are elaborated to the same scale of the plant of conditioners of the Municipal Master Plan.

7 – Municipalities can create and implement special forest intervention programs within the framework of forest protection plans for forest areas contiguous to infrastructures of high national strategic value and for strategic and high value forest areas, as presented in the cartography of fire hazard rural areas, which are included in the PDDFCI.

8 – (Repealed.)

9 – (Repealed.)

10 – (Repealed.)

11 – In the field of forest protection against fire and forest management, only municipalities that have PMDFCI approved are entitled to a subsidy or benefit granted by the State.

12 – Municipal or intermunicipal PMDFCIs are made public, with full content, by publication in the 2nd series of the Diário da República and by insertion in the website of the respective municipality, corresponding parishes and the ICNF .

13 – The ICNF, IP, lists municipalities that do not have approved or updated PMDFCIs on its website.

Article 11

Relationship between planning instruments

1 – All forest management instruments should make explicit not only forestry actions to defend the forest against fire and infrastructure of rural areas, but also their integration and compatibility with the higher level forestry planning instruments, namely the PMDFCI and the PROF.

2 – The lack of conformity of municipal land planning plans with the supervisory PMDFCI does not dissociate the entities and individuals from compliance with the latter and determines their conformity in the immediate alteration procedure that takes place on the initiative of the municipality, without prejudice to the possible opening decision of the adaptation procedure of those planning instruments, provided for in article 121 of Decree-Law no. 80/2015, of May 14.

3 – All local initiatives of prevention, pre-suppression and recovery of areas burned at the sub-municipal level must be articulated and framed by PMDFCI.

CHAPTER III

Territorial organization, forestry and infrastructure measures

SECTION I

Organization of territory

Article 12

Forest fire defense networks

1 – Forest fire defense networks (RDFCI) territorially implement, in a coordinated way, the infrastructure of rural areas resulting from the strategy of forest fire protection planning.

2 – The RDFCI integrate the following components:

(a) fuel management networks;

b) Mosaic of fuel management plots;

c) Forest road network;

d) Network of water points;

e) Fire monitoring and detection network;

f) Infrastructure to support combat.

3 – The monitoring of the development and use of the RDFCI is incumbent on the ICNF, IP

4 – The monitoring of the component provided in paragraph d) of paragraph 2 is the responsibility of the ICNF, IP, in articulation with the ANPC.

5 – With regard to the components provided for in paragraph e) of paragraph 2, monitoring of development and use is the responsibility of the GNR in articulation with the ICNF, IP, and the ANPC.

6 – Regarding the component provided for in paragraph f) of paragraph 2, the monitoring of development and use is the responsibility of the ANPC in articulation with the ICNF, IP, and GNR.

7 – The collection, registration and updating of the RDFCI database must be carried out by the local authorities, through a protocol and procedure published in a technical standard by ICNF, IP

Article 13

Fuel management nets

1 – The management of existing fuels in rural areas is carried out by means of tracks and parcels, located in strategic locations for the continuation of certain functions, where the total or partial removal and modification of the present biomass is carried out.

2. Fuel management bands shall comprise primary, secondary and tertiary networks, taking into account the functions they may perform, in particular:

a) Reduction function of the surface covered by large fires, allowing and facilitating a direct fire-fighting intervention;

b) Function of reducing the effects of fire escape, passively protecting communication routes, infrastructure and social facilities, built-up areas and forest stands of special value;

c) Function of isolation of potential foci of ignition of fires.

3 – The primary networks of fuel management bands, of district interest, fulfill all the functions mentioned in the previous number and they take place in the rural spaces.

4 – Secondary networks of fuel management bands of municipal or local interest and, in the scope of civil protection of populations and infrastructures, fulfill the functions referred to in paragraphs b) and c) of paragraph 2 of this article, about:

(a) public road and rail networks;

b) The transmission lines and distribution of electricity and natural gas (gas pipelines);

(c) the environs to the settlements and to all the buildings, the campsites, the infrastructures and parks of leisure and recreation, the parks and industrial estates, the logistics platforms and the sanitary landfills.

5 – Tertiary networks of fuel management bands, of local interest, fulfill the function referred to in paragraph c) of paragraph 2 of this article and rely on the road, electric and divisional networks of the local units of forest or agroforestry management , being defined within the scope of the forest management instruments.

6 – The technical specifications for the protection of the forest against fire related to recreational forest equipment are defined in a regulation of the ICNF, IP, approved by the member of the Government responsible for the area of ​​forests, hearing the ANPC.

7 – (Repealed.)

8 – When fuel management bands and parcel mosaics occur in areas occupied by cork oaks and holm oaks, ICNF, IP, may authorize slabs with the purpose of reducing fuel continuity.

9 – The ICNF, IP, has the responsibility to develop the equalization instruments necessary for the installation of the primary network.

10 – The Government defines the mechanisms of application of the instruments foreseen in the previous number and the guarantee of compensation of the affected owners.

Article 14

Administrative easements and expropriations

1 – The infrastructures listed in Article 12 (2), and the lands required for their execution, and registered in the PMDFCI may, on proposal of the municipal councils, be declared of public utility, in the terms and for the purposes foreseen in the Expropriation Code, by order of the member of the Government responsible for the area of ​​forests.

2 – The primary networks of fuel management bands defined in the framework of district forest fire defense planning shall be declared to be of public utility, under the terms of the preceding paragraph, with any alteration to the use of the soil or of the vegetal cover subject to binding opinion of the ICNF, IP, without prejudice to the remaining legal constraints.

3 – (Repealed.)

4 – (Repealed.)

SECTION II

Protection of persons and property

Article 15

Secondary networks of fuel management bands

1 – In the forest areas previously defined in the PMDFCI it is obligatory that the responsible entity:

(a) the road network provides for the management of the fuel on a lateral strip of confining land not less than 10 m wide;

(b) the railway network provides for the management of the fuel on a lateral strip of confining ground, counted from external rails not less than 10 m wide;

c) For very high voltage and high voltage electrical transmission and distribution lines, provide fuel management in a range corresponding to the vertical projection of the outer conductor cables plus a width of not less than 10 m on each side ;

d) For medium voltage power distribution lines, provide fuel management in a range corresponding to the vertical projection of the outer conductor cables plus a width not less than 7 m wide on each side;

(e) the natural gas transmission network (gas pipelines) provides for the management of fuel on a lateral strip of confining land not less than 5 m wide on each side counted from the axis of the line.

2 – The owners, tenants, usufructuaries or entities that, in any way, hold lands bordering on buildings inserted in rural spaces, are obliged to proceed with the management of fuel, according to the norms contained in the annex of this decree-law and that it forms an integral part, in a band with the following dimensions:

(a) Width of not less than 50 m, measured from the exterior masonry of the building, where this range covers land occupied with forest, grassland or natural pastures;

b) Width defined in the PMDFCI, with a minimum of 10 m and a maximum of 50 m, measured from the exterior masonry of the building, when the range covers only land occupied with other occupations.

3 – The works defined in the previous number must be between the end of the critical period of the previous year and April 30 of each year.

4 – In case of non-compliance with the provisions of the previous numbers, the city council notifies the entities responsible for the work.

5 – Once the non-compliance has been verified, the city council may carry out the fuel management work, with the right to reimburse, triggering the necessary mechanisms to reimburse the expenses incurred.

6 – In the absence of intervention until May 31 of each year, under the terms of the previous numbers, owners or other entities holding in any way the administration of buildings inserted in the area provided for in paragraph 2 may be substituted for owners and other forest producers, carrying out the fuel management provided for in the previous number, by notifying the owners and, in the absence of a reply within 10 days, by a notice to be displayed at the place of work, within a period of not less than 5 days, Article 21

7. In the event of replacement, owners and other forest producers are obliged to allow owners or managers of buildings in the area referred to in paragraph 2 to access their land and reimburse them for expenses incurred in the management of fuel .

8 – Whenever the materials resulting from the fuel management action referred to in the preceding paragraph have commercial value, the product obtained in this way belongs to the respective owner or forest producer, but may be sold by the owner or entity that carried out the fuel management.

9 – Anyone who has carried out fuel management may exercise the right to offset credits by the proceeds of the sale, in proportion to the expenses incurred, by means of written notification to the respective owner or forestry producer, in accordance with the terms of articles 847 et seq. Civil Code.

10 – In the agglomerates inserted or confined with forest areas, and previously defined in the PMDFCI, it is mandatory to manage fuel in an outer protection range of a minimum width of not less than 100 m and, in view of the danger of rural fire at municipal level, another range is defined in the respective municipal forest fire defense plans.

11 – It is the responsibility of the owners, tenants, usufructuaries or entities that, in any way, hold lands inserted in the strip referred to in the previous number the management of fuel in those lands.

12 – If, by April 30 of each year, the non-compliance referred to in the preceding paragraph is verified, it is the responsibility of the city council, until May 31 of each year, to carry out the fuel management work, with the reimburse, triggering the necessary mechanisms to reimburse the expenses incurred, being able, through protocol, to delegate this competence to the parish board.

13 – In the campsites, parks and industrial estates, logistics platforms and landfills inserted or confined with forest areas previously defined in the PMDFCI, fuel management and maintenance of an enclosing band with a minimum width not less than 100 m, it being the responsibility of the respective management entity or, in its absence or non-fulfillment of its obligation, to the city council to carry out the respective work, which may, for this purpose, trigger the necessary mechanisms to reimburse the expenses incurred.

14 – Where, under the provisions of the preceding paragraph, the areas to be submitted for fuel management work are intercepted, it is the entities referred to in that paragraph that are responsible for fuel management.

15 – Owners and other forest producers are obliged to provide the necessary access to the entities responsible for fuel management work.

16 – The intervention provided for in the previous number shall be preceded by a notice to be posted at the place of work, at least 10 days.

17 – The actions and projects of afforestation or reforestation must respect the ranges of fuel management, foreseen in this article.

18 – The provisions of the preceding paragraphs prevail over any contrary provisions.

19 – On the areas to be submitted for fuel management, the criteria set out in the Annex to this Decree-Law are applied and form an integral part of it.

20 – The provisions of the preceding paragraph shall not preclude the carrying out of awareness-raising campaigns, in particular broadcasting.

21 – The State develops a platform that allows citizens to participate in situations of danger related to compliance with this article.

Article 16

Constraints to edification

1 – The classification and qualification of the soil defined in the scope of the instruments of territorial management of individuals must consider the rural fire hazard mapping defined in the PMDFCI to be compulsorily included in the conditioning plan of the municipal and intermunicipal plans of the territory.

2 – The construction of new buildings in the areas classified in the rural fire hazard cartography defined in the PMDFCI as high and very high risk is not allowed outside the consolidated built-up areas.

3 – The construction of new buildings or the extension of existing buildings are only allowed outside the consolidated built areas, in the areas classified in the rural fire hazard mapping defined in PMDFCI as medium, low and very low hazard, provided they are met, cumulatively, the following constraints:

(a) ensure the distance to the property from a protected area of ​​at least 50 m when confined to land occupied by forests, natural grasslands or pastures, or the size defined in the respective PMDFCI when inserted , or confining with other occupations;

b) Adopt measures regarding the containment of possible ignition sources of fires in the building and its accesses;

c) Existence of binding opinion of the ICNF, requested by the city council.

4 – For the purposes of the previous paragraph, when the protection range integrates established secondary or primary network, road infrastructures or water plans, the area of ​​these can be accounted for in the minimum distance required for that protection range.

5 – The construction of new buildings or the expansion of existing buildings, intended exclusively for housing tourism, tourism in rural areas, agriculture, forestry, livestock, aquaculture or related industrial activities and exclusively dedicated to the exploitation and exploitation of the products and by-products of their holding, may, in exceptional cases and at the request of the interested party, be reduced by up to 10 meters at a distance to the full ownership of the range of protection provided for in paragraph 3 (a), where following conditions to be approved by the city council, after hearing the CMDFCI, resulting from the risk analysis presented:

a) Exceptional measures of protection related to the defense and resistance of the building to the passage of fire;

b) Exceptional measures of containment of possible ignition sources of fires in the building and its accesses;

c) Existence of binding opinion of the ICNF, requested by the city council;

d) For the purpose of the provisions set forth in the foregoing paragraphs, a regulation is approved that establishes the rules to which the risk analysis and the exceptional measures are subject, by order of the members of the Government responsible for the areas of civil protection and forests.

6 – The owners of lands bordering on those indicated in the previous number do not apply the provisions of paragraph 2 of the previous article.

7 – The restrictions provided for in this article do not apply to buildings within the areas provided for in paragraphs 9 and 12 of the preceding article.

8 – Extensions of the population groups, infrastructures, equipment and other areas mentioned in paragraphs 9, 10 and 11 of the previous article or new areas destined to the same purposes may, within the scope of the municipal or intermunicipal planning plans, be admitted in areas classified in the rural fire hazard mapping defined in PMDFCI as high and very high hazard if the following cumulative occurred:

a) It is technically feasible to minimize the danger of fire;

(b) be implemented through operational planning and management units identifying the risk control measures and the program for the installation and maintenance of the fuel management bands, as set out in that Article;

c) Existence of binding opinion of the ICNF, requested by the city council.

9 – Municipal regulations should define the rules deriving from the defense measures established in the PMDFCI for consolidated built-up areas.

SECTION III

Forest defense

Article 17

Forestry, afforestation and reforestation

1 – Forestry in the area of ​​forest fire protection includes the set of measures applied to forest stands, bushes and other spontaneous formations, at the level of the specific composition and its structural arrangement, with the objectives of reducing the danger of rural fire and guarantee the maximum resistance of the vegetation to the passage of fire.

2 – Forest management instruments should make explicit the measures of forestry and infrastructure of rural areas that guarantee the horizontal and vertical discontinuity of forest fuels and the alternation of plots with different flammability and combustibility, within the framework of the regional planning guidelines of the forest fire.

3 – The size of plots should vary between 20 hectares and 50 hectares in general cases, and between 1 hectare and 20 hectares in situations of greater fire hazard, defined in the PMDFCI, and their design and location should pay particular attention to the predictable behavior of fire.

4 – In the afforestation, reforestation and reforestation actions, monospecific and equidistant stands shall not have a continuous surface area exceeding 50 ha, and shall be subdivided, alternatively:

a) By the network of bands of fuel management or other land uses with low danger of rural fire;

(b) water lines and their appropriately managed buffer strips;

c) By high density groves, with the technical specifications defined in the forestry planning instruments.

5 – Where edaphoclimatic conditions permit, the establishment of stands of deciduous tree species or of species with low flammability and combustibility should be favored.

6 – In afforestation, reforestation and reforestation actions, whenever lines of water exist on the land, priority should be given to maintaining or recovering riparian galleries as long as edaphoclimatic conditions permit.

Article 18

Primary networks of fuel management bands

1 – The bands forming part of the primary networks are aimed at establishing, in strategic locations, favorable conditions for combating large forest fires.

2. The strips mentioned in the preceding paragraph have a width of not less than 125 m and define compartments which preferably must have between 500 ha and 10 000 ha.

3 – The planning, installation and maintenance of primary fuel management networks shall take into account in particular:

(a) its fire-fighting efficiency;

b) The security of the forces responsible for combat;

c) The socio-economic, landscape and ecological value of rural areas;

d) The physiographic characteristics and particularities of the local landscape;

(e) the history of the major fires in the region and their predictable behavior in situations of high meteorological risk;

f) The activities that may develop in them and contribute to its technical and financial sustainability.

4 – The primary networks of fuel management bands are defined by the PDDFCI and are compulsorily integrated into the municipal and local forest fire defense planning.

Article 19

Storage of wood and other flammable products

1 – The deposit of timber and other products resulting from forest or agricultural exploitation, other materials of plant origin and highly flammable products in the nets of bands and in the mosaics of fuel management parcels, with the exception of those approved by the municipal commission of forest defense against fires.

2 – During the critical period, loading of products resulting from cutting or extraction (chip, rolled, wood, cork and resin) can only be loaded in a safe area provided that an area without vegetation with 10 m surrounding is safeguarded and ensuring that in the remaining 40 ma fuel load is lower than that stipulated in the annex of this Decree-Law and forms an integral part of it.

Article 20

Standardization of regional forest defense networks

The technical and functional standards related to the classification, registration, construction, maintenance and signaling of routes forming part of the forest road network, water points and primary network of fuel management bands are set out in its own rules, to be approved by ICNF regulation, approved by the member of the Government responsible for the area of ​​forests.

SECTION IV

Non-compliance

Article 21

Non-compliance with preventive measures

1 – Owners, forestry producers and entities that in any capacity hold the administration of the lands, buildings or infrastructure referred to in this Decree-Law are obliged to develop and carry out the actions and work of fuel management in accordance with the law.

2 – Without prejudice to the provisions in the case of non-compliance, in the event of non-compliance with the provisions of paragraphs 1, 2, 8, 11 and 13 of article 15, article 17 and article 18, shall, within a maximum of six days, inform the municipal councils, in the context of non-compliance with article 15, and the ICNF, IP, within the scope of articles 17 and 18.

3 – The municipal council or ICNF, IP, in accordance with the provisions of the previous number, shall notify, within a maximum of 10 days, the owners or entities responsible for carrying out the work, establishing an appropriate period for that purpose, owner or the entities responsible for the following procedures, pursuant to the Code of Administrative Procedure, giving notice to the GNR.

4 – After the deadline referred to in the preceding paragraph has not been completed, the city council or ICNF, IP, shall execute it without any formality being required, after which it notifies the responsible payment of the corresponding costs.

5 – After 60 days have elapsed without the payment being verified, the municipal council or ICNF, IP, extracts a certificate of debt.

6 – The collection of the debt is due to a tax enforcement process, under the terms of the Code of Procedure and Tax Procedure.

CHAPTER IV

Conditioning of access, movement and permanence

Article 22

Conditioning

1 – During the critical period defined in article 3, access, movement and residence of persons and property within the following zones are conditioned:

(a) in the critical areas referred to in Article 6;

b) In areas subject to forest regime and in forest areas under state management;

c) In areas where there is signaling corresponding to the limitation of activities.

2 – The access, circulation and permanence of people and goods are conditioned in the following terms:

a) When the fire risk index of very high and maximum levels is verified, it is not allowed to access, circulate and remain within the areas referred to in the previous number, as well as in the forest paths, rural roads and other routes that cross them;

b) When the high level fire risk index is verified, it is not allowed, inside the areas referred to in the previous number, to carry out works involving the use of machinery without the devices provided for in article 30, develop any actions not related to the forestry and agricultural activities, as well as to circulate with motor vehicles in the forest paths, rural roads and other routes that cross them;

(c) Where the high and higher fire risk index is observed, all persons moving within the areas referred to in paragraph 1 and on forest paths, rural roads and other routes crossing or delimiting them are obliged to identify itself before the entities with supervisory powers under this Decree-Law.

3 – Outside of the critical period, and provided that the fire risk index of very high and maximum levels is verified, it is not allowed to access, circulate and remain within the areas referred to in paragraph 1, as well as in forest paths, rural roads and other routes that cross them.

4. In the absence of a critical period, and subject to a fire risk index of high and high levels, movement of persons within the areas referred to in paragraph 1 shall be subject to the measures referred to in paragraph 1 (c). 2.

Article 23

Exceptions

1 – Exceptions to the measures referred to in paragraph 2 (a) and (b) and in paragraph 3 of Article 22 are:

a) The access, movement and permanence, within said areas, of residents and forest owners and producers and persons who work there;

b) The movement of people within the said areas with no other alternative of access to their residences and workplaces;

c) The exercise of activities, within the said areas, that need to be recognized periodically;

d) The use of leisure and recreational parks when properly infrastructures and equipped for this purpose, in accordance with the applicable legislation;

e) The circulation on motorways, main routes, complementary itineraries, national roads and regional roads;

f) The circulation in municipal roads for which there is no other alternative of circulation with equivalent route;

g) The access, circulation and permanence, inside said areas, of means and agents of civil protection;

h) The access, circulation and permanence, within the said areas, of military means resulting from an intrinsically military mission.

2. The provisions of Article 22 shall not apply:

(a) urban areas and industrial areas;

b) In the access to the river beaches and sea concessions;

c) To the means of prevention, surveillance, detection, first intervention and combat to forest fires;

d) To rural buildings subject to forest regime for the purpose of policing and control of hunting, by virtue of and by virtue of their submission to the special hunting regime, when not included in the critical areas;

e) To the execution of works of public interest, as such recognized;

(f) the movement of priority vehicles when undergoing an emergency;

g) Areas under military jurisdiction;

h) Activities carried out by members of the organizations defined in paragraph 3 of article 3 of Law no. 23/2006, of June 23.

3 – (Repealed.)

Article 24

Information for critical areas

1 – The guarantee of information on the conditions referred to in article 22 is the responsibility of the municipality as follows:

a) The areas referred to in no. 1 of article 22 that are under the management of the State are obligatorily signaled by the respective managing bodies regarding the conditions of access, movement and permanence;

(b) The other areas referred to in Article 22 (1) and (2) and the means of communication which cross or delimit them must be signaled in relation to the conditions of access, movement and residence by owners and other forest producers;

c) The respective city councils can substitute, with the faculty of reimbursing, the owners and other forest producers to fulfill the provisions of the previous point whenever in the critical period there is no signaling.

2 – (Repealed.)

Article 25

Awareness raising and dissemination

1 – The execution of awareness campaigns is, regardless of the entities that carry them out, coordinated by the ICNF, IP

2 – The ICNF, IP, the district forest defense commissions and the municipal forest defense commissions, the promotion of awareness campaigns and public information, which should consider the value and importance of forest areas, the to adopt by the citizen in the use of the forest spaces and a preventive component that contemplates the advisable and obligatory techniques and practices of the correct use of the fire.

3 – Public support for awareness campaigns to defend the forest against fire should be integrated into the scope of the PNDFCI, the PDDFCI and the PMDFCI, according to the geographical scale of the initiative and must observe a common identification defined by the ICNF, IP

4 – It is the responsibility of the national meteorological authority to promote the periodic disclosure of the fire risk index, and the disclosure may be daily when this index is high, very high or maximum, for the purposes of applying the provisions of article 22.

5 – It is incumbent on the ICNF, IP, the disclosure of recommended or mandatory preventive measures, including those referred to in articles 22, 27, 28 and 29, as well as their territorial incidence.

CHAPTER V

Use of fire

Article 26

Technical fire

1 – The actions of technical fire, in the modalities of controlled fire and suppression fire, can only be carried out according to the technical and functional norms defined in regulation of the ICNF, IP, homologated by the member of the Government responsible for the area of ​​forests, heard the ANPC and GNR.

2 – Controlled fire actions are performed under guidance and responsibility of an element accredited for this purpose by ICNF, IP

3 – Suppression fire actions are performed under guiding and responsibility of element accredited in suppression fire by the ANPC.

4 – The performance of controlled fire may occur during the critical period, provided that the rural fire risk index is lower than the average level and provided the action is authorized by the ANPC.

5 – COSs may, after express authorization of the ANPC command structure, recorded on the tape of the time of each occurrence, use suppression fire.

6 – The forest technical office of each municipality is responsible for the annual cartographic registration of all fuel management actions, to which is associated the identification of the technique used and the entity responsible for its execution, which should be included in the municipal operational plan.

Article 26a

Fire fuel management

1 – In the areas outlined in the Municipal Operational Plan with the potential of resource the fire of fuel management can the option for this practice be requested by the COS.

2 – In the situations mentioned in the preceding paragraph, the authorization of the application of this practice requires a favorable decision on the part of the ANPC District Commander, after hearing the liaison officers of the ICNF, IP, and the GNR of the District Operational Coordination Center of that district.

3 – Fire of fuel management is only allowed when local and predicted meteorological conditions fall within the prescribed fire control conditions described in the technical fire regulation, attached to Dispatch no. 7511/2014, published in the Diário da República, 2nd series, no. 110, of June 9.

4 – Exceptions may be made to situations not provided for in the previous article if a fire-certified technician or a fire-extinguisher accredited technician evaluates that the meteorological conditions permit the use of the fire of fuel management.

5 – The evaluation of the meteorological conditions that allow the use of the fire of fuel management is recorded in the tape of the time of the fire as well as the identification of the technician who carried out the evaluation.

6 – The use of fire fuel management should be accompanied by the District Relief Operations Command in close coordination with the COS ensuring that the conditions originally envisaged for its implementation are maintained.

7 – The areas subject to fire of fuel management are obligatorily mapped, regardless of their size, and unequivocally marked as having resulted from this practice.

8 – Burned areas resulting from fuel fire must be recorded as such in the Forest Fire Information Management System (SGIF) and accounted for autonomously.

Article 26b

Mapping of the burned areas

1 – The GNR is responsible for the mapping of areas burned by rural fires, including those resulting from the use of fuel management fire, with the involvement of the municipal councils.

2 – The cartographic survey of the burned areas should focus on areas equal to or greater than 1 hectare.

3 – The burned areas are updated annually with reference to December 31 of each year.

4 – The GNR must proceed to the loading of the cartographic surveys in the SGIF, until January 31 of the following year.

5 – The technical specifications related to the cartographic survey of areas burned by rural fires are elaborated by the ICNF, IP, heard by GNR and ANPC.

6 – It is incumbent on the ICNF, IP, the dissemination of the annual cartography of burned areas on its website.

7 – The cartography mentioned in the previous articles serves as a basis for the administrative acts established under Decree-Law no. 327/90, of October 22, as amended by Law no. 54/91, of August 8, and by Decree-Laws No. 34/99 of 5 February and 55/2007 of 12 March.

Article 27

Burned

1 – The burning of fires, as defined in article 3, must comply with the guidelines issued by the district forest defense commissions.

2 – The execution of fires is allowed only after authorization of the municipality or the parish, in accordance with the law that establishes the framework for the transfer of powers to local authorities, in the presence of a certified firefighter or, in his absence, a team firefighters or forestry personnel.

3 – The application for authorization is registered in the SGIF, by the municipality or by the parish.

4 – Without adequate technical monitoring, burning for burning must be considered to be intentional fire.

5 – Burning is permitted only outside the critical period and provided the rural fire risk index is below the high level.

6 – The provisions of this article shall not apply to heaped farm surpluses.

Article 28

Burning leftovers and making bonfires

1 – In all rural areas, during the critical period, it is not allowed:

(a) to carry out campfires for recreation or recreation and for food confection, and to use burning and combustion equipment for lighting or food confection;

b) Burning cut and mowed bushes and any type of leftovers.

2 – In all rural areas, outside the critical period and provided that the fire risk index of very high and maximum levels is verified, the restrictions referred to in the preceding paragraph are maintained.

3 – Except for the provisions of paragraph 1 a) and in the previous paragraph, when in spaces not inserted in critical areas, the confection of food since it is carried out in the places specifically foreseen for this purpose, namely in the leisure parks and recreation and others when properly infrastructures and identified as such.

4 – Except for the provisions of paragraph b) of paragraph 1 and paragraph 2, the burning of surplus of exploitation resulting from phytosanitary requirements of mandatory compliance, which shall be carried out with the presence of a unit of a body firefighters or a team of foresters.

5 – The activities developed by members of the organizations defined in no. 3 of article 3 of Law no. 23/2006, dated June 23, are excepted from the provisions in paragraphs 1 and 2.

6 – Abandonment of burning of leftovers in rural areas and in agglomerations at any time of the year is prohibited.

Article 29

Firecrackers and other forms of fire

1 – Balloons with lit wick and any type of rocket are not allowed during the critical period.

2 – During the critical period, the use of fireworks or other pyrotechnic artifacts, other than those indicated in the previous number, is subject to prior authorization by the municipality or the parish, in accordance with the law establishing the framework for the transfer of competences for local authorities.

3 – The request for authorization referred to in the previous number must be requested at least 15 days in advance.

4 – During the critical period, fumigation or disinfestation actions on apiaries are not permitted, except if fumigators are equipped with sparking devices.

5 – In forest areas, during the critical period, no smoking or fire of any kind is allowed inside or in the pathways that border or cross them.

6 – Outside of the critical period and provided that the fire risk index of very high and maximum levels is verified, the restrictions referred to in paragraphs 1, 2 and 4 shall be maintained.

7 – Except for the provisions of the previous numbers, the counterfeiting resulting from actions to combat forest fires is excluded.

Article 30

Machinery and equipment

1. During the critical period, in work and other activities taking place in all rural areas, internal or external combustion machinery, including all types of heavy-duty tractors, machinery and vehicles, shall be equipped with the following equipments:

(a) one or two fire extinguishers of 6 kg each, according to their maximum mass and less than or equal to 10 000 kg, except for chainsaws, motor sailers and other small portable machinery;

(b) Sparking or sparking devices, except in the case of chainsaws, motor saws and other small portable machinery.

2 – The Government creates modulated financing lines for compliance with the previous number.

3 – Notwithstanding the provisions of the following paragraph, when the maximum level of rural fire risk index is verified, work in the forest areas with the use of motor-machines, cross-cutters and shredders is not allowed.

4 – Exceptions to the previous number are the use of motor-harvesters using nylon cord cutting heads, as well as work and other activities directly associated with emergency situations, namely fire-fighting in rural areas.

CHAPTER VI

Surveillance, detection and combat

SECTION I

Surveillance and fire detection

Article 31

Surveillance and Detection

1 – The monitoring of rural areas aims to contribute to reduce the number of occurrences of forest fires, identifying potential causative agents and dissuading behaviors that lead to the occurrence of fires.

2 – The purpose of the detection is the immediate identification and precise location of the occurrences of fire and its rapid communication to the entities responsible for the combat.

3 – Fire monitoring and detection can be assured:

a) Any person who detects a fire is obliged to alert the competent authorities immediately;

b) For the RNPV, which assures throughout the territory of the continent the functions of fixed detection of occurrences of fires;

c) A network of video surveillance, which complements and reinforces throughout the territory of the continent, the functions of fixed detection of occurrences of fires;

(d) a mobile surveillance network which may be associated with surveillance and detection, deterrence and firefighting operations;

e) By air surveillance network.

Article 32

Detection systems

1 – The RNPV is constituted by public and private lookout stations installed in places previously approved by the GNR General Commander, after hearing the ICNF, IP, and ANPC and approved by the member of the Government responsible for the area of ​​civil protection.

2 – RNPV’s detection coverage may be complemented by a video surveillance system, mobile detection means or other means that may prove to be technologically appropriate, to be regulated by the order of government members responsible for the areas of civil protection and forests.

3 – The coordination of the RNPV is the responsibility of the GNR, which establishes the technical and functional guidelines for its extension, scaling and operation.

4 – The watch stations are installed according to priority criteria based on the degree of fire risk, the visibility and intervisibility analysis, the value of the patrimony to be defended and are equipped with adequate equipment for the purpose in view.

5 – Whenever there are trees that interfere with visibility, entities that in any capacity have keepers should notify the owners of the trees so that they can be removed.

6 – When it is verified that the owner has not removed the trees until April 15 of each year, the management entity of the watch can substitute to the owner, in the cut and removal, being able to dispose of the material resulting from the cut .

7. The obligation provided for in paragraph 5 may be regulated by an agreement, in writing, to be established between the entity that holds the watch post and the forest owners or producers who graciously consent to its installation, use and maintenance or area owners surrounding.

8 – The installation of any equipment that may interfere with the visibility and quality of radio communication at the lookout stations or within 30 meters of the surrounding area requires prior opinion of the GNR.

Article 33

Surveillance systems

1 – Mobile surveillance systems include the mobile surveillance brigades that the State is set up, forestry firefighters, fire brigades when pre-positioned, elements of the Nature Protection and Environment Service and the military of the Intervention Group of Protection and Relief of the GNR, municipalities and parishes and other groups that for this purpose will be recognized by the GNR.

2 – Video surveillance systems comprise the means of the State, the means of the Intermunicipal Communities, the municipalities and the parishes.

3 – Aviation surveillance systems shall comprise manned and unmanned aircraft, certified by the competent authorities.

4 – With regard to the air surveillance systems of the Armed Forces, the coordination provided for in paragraph b) of paragraph 3 of article 2, shall take the form of a prior communication by the Armed Forces to the GNR regarding the period of operation and overflown areas.

5 – The mobile, video surveillance and aerial surveillance systems have, in particular, the following objectives:

(a) increase the deterrent effect;

b) Identify causal or suspected agents of fires or anomalous situations and behaviors;

c) Detect fires in shady areas of watchtowers;

d) To provide actions of first intervention in nascent fires.

6 – In each of the municipalities, the management of mobile surveillance and video surveillance systems is carried out at the municipal level, in order to guarantee the maximization of resources in the occupation of the territory.

7 – The GNR is responsible for coordinating the surveillance actions carried out by the various entities, without prejudice to the articulation provided for in paragraph 3 of article 34.

8 – The provisions of the previous numbers do not affect the application of the regime of protection of personal data.

9 – The Ministry of Agriculture establishes the calendar for the creation of teams of forestry workers, with the objective of reaching 500 teams in 2019.

10 – The government creates a body of forest rangers, with the duties and functions of the former National Guard Body, extinguished by Decree-Law no. 22/2006, of February 2.

Article 34

Armed Forces and special bodies of vigilantes

1 – The Armed Forces, without prejudice to the fulfillment of their primary mission, may participate, in exceptional situations and with due regard to the patrolling, mobile and aerial surveillance actions, having for that purpose the supervisory powers provided for in article 11. Of Decree-Law no. 327/80, of August 26, with the wording given to it by Law no. 10/81, of July 10.

2 – The Armed Forces collaborate in actions in the areas of prevention, mobile and aerial surveillance, detection, nascent fire intervention, aftermath and post-fire forest surveillance, opening of firebreaks, in the fuel management actions of the national forests or administered by the State and in forest patrol, in terms to be defined by joint order of the members of the Government responsible for the areas of civil protection, defense and forests.

3 – The GNR, the ANPC and the Armed Forces articulate the forms of participation of the actions provided for in paragraph 1, without prejudice to their respective chains of command.

4 – It is incumbent upon the ICNF, IP, to coordinate with the Armed Forces the actions that these will develop in the opening of fuel management bands and in the actions of fuel management of the forest spaces, informing the municipal forest defense commission.

SECTION II

Combat of forest fires

Article 35

Combat, aftermath and active surveillance aftermath

1 – The combat support infrastructures network consists of combat equipment and structures within the combat entities, Public Administration bodies and individuals, such as combat infrastructures and infrastructures in support of air resources .

2 – The operations to combat rural fires, as well as the respective aftermath operations necessary to guarantee the perfect extinction conditions are provided by entities with responsibilities in the fight against rural fires and by professionals accredited for this purpose and under the guidance of the ANPC.

3 – The special bodies of fire guards, foresters, nature watchmen and other entities, brigades or groups that may be recognized for this purpose may also take part in the operations of the aftermath, particularly in situations of several simultaneous occurrences. by ANPC.

4 – The participation of the means mentioned in the previous number is carried out in accordance with the law.

5 – ANPC and ICNF, IP, may conclude protocols with private entities, namely telecommunications operators, concerning emergency message systems, in particular regarding the sending of broadcast messages or sending messages to mobile devices connected to a certain tower communications.

Article 36

Recovery of burned areas

1 – In areas affected by forest fires, and in order to create conditions for safe road traffic, owners must remove materials burned in fires.

2 – The materials must be removed in a minimum of 25 m for each side of the road traffic lanes.

3 – In the post-fire period, before the rainy season, measures must be taken to mitigate environmental impacts, adequate for each specific case, namely erosion control, torrential correction and prevention of contamination of water lines by debris, according to the order of the member of the competent Government for the area of ​​the forests.

CHAPTER VII

Oversight

Article 37

Competence for inspection

1 – The inspection of the established in this decree-law is incumbent on the GNR, the PSP, the Maritime Police, the ICNF, IP, the ANPC, the municipal councils, the municipal police and the nature watchmen.

2 – It is incumbent upon the members of the Government responsible for the areas of civil protection and forests, the definition of the guidelines in the field of the inspection of the established in the present decree-law.

Article 37a

Identification of owners

1 – For the purpose of identifying and notifying the owners or holders of the properties, the supervisory bodies have access to the fiscal data relating to the buildings, including the identification of the owners and their respective fiscal domicile, by means of a protocol to be signed with the Tax and Customs Authority.

2 – Without prejudice to the previous number, the supervisory entities also have access to the data related to the buildings included in the Balcão Único do Prédio database.

3 – For the purpose of notifying the owners in the context of the implementation of the Forest Fire Protection infrastructures, notification may be used by means of a notice in cases where it is impossible to notify in another way.

CHAPTER VIII

Counterfeiting, fines and ancillary sanctions

Article 38

Counterfeiting and fines

1 – The infractions to the provisions of this Decree-Law constitute administrative offenses punishable by a fine, from (euro) 140 to (euro) 5000, in the case of a natural person, and from (euro) 800 to (euro) 60,000, in the case of persons under the terms set forth in the following paragraphs.

2 – The following constitute misconduct:

a) Infringement of the provisions of paragraphs 1, 2, 9, 10, 11, 12, 13 and 14 of article 15;

b) (Repealed.)

c) (Repealed.)

d) The violation of the fuel management criteria, defined in the annex of this decree-law and which forms an integral part of it;

e) A violation of the provisions of paragraphs 3 and 4 of article 16, except in the case of paragraph 4 in the situations provided for in paragraph 7 of that article;

f) Infringement of the provisions of paragraphs 3, 4 and 6 of article 17;

(g) (Repealed.)

h) Infringement of the provisions of paragraphs 1 and 2 of article 19;

i) Infringement of the provisions of paragraph 2 a) and b) and in paragraphs 3 and 4 of article 22;

j) (Repealed.)

l) Infringement of the provisions of paragraphs 1, 2, 3, 4 and 5 of article 26;

m) (Repealed.)

n) (Revoked.)

o) Infringement of the provisions of paragraphs 2, 3 and 4 of article 27;

p) Infringement of the provisions in paragraphs 1, 2 and 6 of article 28 and in article 29;

q) Infringement of the provisions of Article 30;

r) Infringement of the provisions of article 36

3 – The determination of the fine is determined in accordance with the provisions of the general system of administrative misconduct.

4. Trial and negligence are punishable.

Article 39

Related sanctions

1 – Depending on the severity of the misconduct and the fault of the agent, ICNF, IP, may determine, in addition to the fines provided for in Article 38 (2) (l) and (p), the application of the following ancillary sanctions, in the scope of forestry activities and projects:

a) Deprivation of the right to a subsidy or benefit granted by public entities or services;

b) Suspension of authorizations, licenses and permits.

2 – The sanctions referred to in the previous number have a maximum duration of two years counted from the final conviction.

3 – For the purpose of paragraph a) of paragraph 1, the ICNF, IP, shall communicate, within a period of five days, to all public entities responsible for granting subsidies or benefits the application of the sanction.

Article 40

Survey, investigation and decision of the misconduct

1 – The determination of the records of administrative misconduct provided for in article 38 is the responsibility of the police and supervisory authorities, as well as the municipal councils.

2 – The proceedings of miscontrol are sent to the competent authority for the investigation of the case, within a maximum of five days, after the occurrence of the wrongful act.

3 – The investigation of the cases related to the misconduct under Article 38 (2) shall be responsible for:

a) To the reporting entity, among those referred to in Article 37, in the situations provided for in Article 38 (2) (a), (d), (h), (o) and (p);

b) To the ICNF, IP, in all other cases.

4 – The application of the fines provided for in this Decree-Law, as well as the additional sanctions, which must be notified to the relevant authorities, are the responsibility of the following entities:

a) To the Secretary General of the Ministry of Internal Administration, in the cases referred to in sub-paragraph a) of the previous number;

b) To the ICNF, IP, in the cases referred to in point b) of the previous number.

5 – The powers provided for in paragraphs 3 and 4 may be delegated, in accordance with the law.

Article 41

Destination of fines

1 – The allocation of the proceeds of the fines collected as a result of the application of the provisions in paragraphs a), d), o) and p) of paragraph 2 of article 38 is made as follows:

a) 60% for the State;

b) 20% for the entity that instructed the process;

c) 10% for the reporting entity;

(d) 10% for the entity which imposed the fine.

2 – The allocation of the product of the fines collected in application of the other administrative misconduct is made as follows:

a) 60% for the State;

b) 20% for the reporting entity;

c) 20% for the ICNF, IP

3 – (Repealed.)

4 – In cases where the municipal council is the reporting entity and the entity instructing the process, the proceeds of the fine provided for in paragraph a) of paragraph 1 constitute proper revenue of the respective municipality.

CHAPTER IX

Transitional and final provisions

Article 42

Development and review of forest fire defense plans

(Repealed.)

Article 43

Signaling

1. The lack of signaling of the critical areas referred to in Article 6 does not exclude the application of the access, movement and permanence conditioning measures established in article 22.

2 – The ICNF, IP, ensures, with the media, the publicity of critical areas, in accordance with article 25.

Article 44

Definitions and references

1 – The definitions contained in this decree-law prevail over any other in the field of forest fire protection.

2 – The reference made to municipal forest defense plans is understood to be made to municipal forest fire defense plans.

Article 45

Transitional regime

The drafting, amendment and revision of the municipal spatial planning plans are excluded from the scope of this Decree-Law, in which procedure the public discussion period has already been opened.

Article 46

Revocatory standard

Decree-Law no. 156/2004 of 30 June is revoked.

ATTACHMENT

Criteria for fuel management in the context of secondary fuel management networks

A) General criteria – in the management of fuels involving buildings, agglomerates, equipment and infrastructures, the following criteria must be met:

1 – In the arboreal stratum, the distance between crowns of the trees must be at least 4 m and the de-raking should be 50% of the height of the tree until it reaches 8 m, at which point the debris must reach a minimum of 4 m above the ground.

2. The total phytovolume shall not exceed 2000 m3 / ha in the shrub and sub-shale stratum, while at the same time the following conditions shall be met:

(a) the horizontal discontinuity of fuels between the infrastructure and the outer limit of the fuel management range shall be ensured;

b) The maximum height of the vegetation is the one in table 1, varying according to the percentage of cover of the soil.

TABLE 1

(see original document)

3. The remaining arboreal, shrub and sub-bush strata must be organized spatially in order to avoid vertical continuity of the different fuel strata.

4 – In the case of infrastructures of the road network to which tree alignments with a special patrimonial or landscape value are associated, the preservation of the tree must be guaranteed the application of the provisions of the previous numbers in a band corresponding to the vertical projection of the limits of its crowns plus one width of not less than 10 m for each side.

5 – In the case of fuel management bands that cover classified groves of public interest, protection zones of national buildings and monuments, patches of trees with special patrimonial or landscape value or patches of groves and other protected vegetation in the context of nature conservation and biodiversity, as identified in a forest management instrument, or other instruments of territorial management or management of the Natura 2000 Network, the municipal forest defense commission may approve specific criteria for fuel management.

(B) Additional criteria for the building envelope – in the fuel management bands which surround buildings in addition to the provisions of point A) of this Annex, the following criteria must also be met cumulatively:

1 – The tops of trees and shrubs must be at least 5 m apart from the building, avoiding their projection on the roof of the building.

2 – Exceptionally, in the case of trees of special patrimonial or landscape value, a distance of less than 5 m can be admitted, provided that the horizontal and vertical discontinuity of fuels is reinforced and the lack of accumulation of fuels in the roof of the building is guaranteed.

3 – Whenever possible, a paved strip of 1 m to 2 m wide should be created surrounding the entire building.

4. No accumulation of combustible substances, such as firewood, wood or leftovers from forestry or agriculture, and other highly flammable substances may occur.

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2 thoughts on “Clearing Land Portugal – Law Translation

  1. Hi Ashley,

    Just my 2 cents:
    This apply mostly to pine and eucalipthus trees. Not for fruit or “decorative” trees, nor the native trees like Oak, olive ,etc
    Cleaning and trimming vegetation near villages or routes.see this site and instruction leaflets
    -> http://www2.icnf.pt/portal/agir/boapratic/dfci
    specially this in english language -> http://www.icnf.pt/portal/agir/boapratic/resource/doc/dfci/2018/Poster-ProtectHouse2018fev16a.zip

    • Joao, Thank you, I shall read your link now and perhaps, pass it on to the English speakers. You have also reminded me here that I’ve not yet replied to your email. Problems, problems, problems here and I become totally consumed in each.

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