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Environmental licensing in Brazil: which authority licenses, license types, validity, review deadlines and the 2025 general law

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Last verified: 2026-10-27 · Status: Changing

Any activity that uses natural resources or may pollute needs a prior license from a single federal, state or municipal authority before it is built, expanded or operated. The General Environmental Licensing Law, in force since 4 February 2026, sets seven license types, review deadlines from 3 months to 12 months, validity of 3 to 10 years and a self declared license (LAC) for small and medium, low and medium impact activities. Congress restored the LAC rules in December 2025, and Supreme Court challenges to the law are pending.

USD figures use the Banco Central do Brasil PTAX selling rate of R$5.3346 per US dollar for 27 October 2026. Conversions are for orientation only.

Key facts

Maximum review period for LI, LO, LOC and LAU3 monthsLei nº 15.190 art. 47 III, as of 2026-02-04 · in force
Maximum review period for the special license (LAE)12 monthsLei nº 15.300 art. 5; Lei nº 15.190 art. 47 V, as of 2025-12-22 · in force
Maximum validity of an operation license10 yearsLei nº 15.190 art. 6 III, as of 2026-02-04 · in force
Advance renewal request that extends a license automatically120 daysLei nº 15.190 art. 7; LC nº 140 art. 14 § 4, as of 2026-02-04 · in force
Deadline for the developer to answer a request for supplements4 monthsLei nº 15.190 art. 48 § 1, as of 2026-02-04 · in force
General Environmental Licensing Law in force2026-02-04 dateLei nº 15.190 art. 67, as of 2025-08-08 · in force

The rule

1. Building, installing, expanding or operating an activity or project that uses environmental resources and is effectively or potentially polluting, or able to degrade the environment, requires prior licensing by a licensing authority of the national environmental system (Sisnama), besides other permits. Each project is licensed by a single federative entity. The Union licenses projects in Brazil and a bordering country, offshore (territorial sea, continental shelf, EEZ), in indigenous lands, in federal conservation units other than APAs, in 2 or more states, military and nuclear projects and types set by decree; municipalities license local impact projects defined by state councils and those in municipal conservation units; states license the rest. Other entities may comment without binding effect.Lei nº 15.190 of 8 August 2025 (General Environmental Licensing Law); Lei Complementar nº 140 of 8 December 2011, Lei nº 15.190 art. 4; LC nº 140 arts. 7 XIV, 8 XIV, 9 XIV and 13, 2025-08-08 official text · verified 2026-10-27
2. Licensing may result in seven licenses: prior (LP), installation (LI), operation (LO), single license (LAU), license by adhesion and commitment (LAC), corrective operation license (LOC) and special license (LAE). The LP and LAE require an environmental impact study (EIA) or other studies under terms of reference, the LI a basic environmental plan with engineering elements, the LO a report on compliance with conditions, the LAU a simplified report and control plan, and the LAC a characterization report (RCE). Procedures are ordinary (three phases), simplified (two phases, single phase or adhesion), corrective and special. An EIA is required where the project may cause significant degradation.Lei nº 15.190 of 8 August 2025, Arts. 5 items I to VII and § 1, 18, 19 and 20, 2025-08-08 official text · verified 2026-10-27
3. The LAC may be used when the activity is, at the same time, small or medium in size and of low or medium polluting potential, and the region, installation and operating conditions, impacts of the type of activity and control measures are known in advance. Eligible activities are defined by the competent entity, which sets the conditions in advance; the authority may check the RCE by sampling and must run annual sample inspections. The LAC is not available for mining (except sand, gravel, crushed stone and some small diamond mining), activities needing specific native vegetation removal authorization other than isolated trees, removal of populations, contaminated areas, conservation units other than APAs, Ramsar sites, protected archaeological or cultural areas, indigenous, quilombola and traditional territories (unless done by the community), high landslide or flood risk areas, sites where an LI was denied for incompatibility, and the territorial sea. A corrective license may also be issued by adhesion and commitment.
Cost to do it: LAC cost is the RCE prepared by a qualified professional plus the authority's fee; no prior technical review.Lei nº 15.190 of 8 August 2025, art. 22 as promulgated on 5 December 2025 after rejection of the veto and as amended by Lei nº 15.300 of 22 December 2025; art. 26 § 1, Arts. 22 caput items I, II and IV and §§ 1 to 6; 26 § 1, 2025-12-22 official text · verified 2026-10-27 · changed: Art. 22 (LAC) was vetoed on 8 August 2025; Congress rejected the veto on 27 November 2025 and the text was promulgated on 5 December 2025. Lei nº 15.300 of 22 December 2025 then revoked the vegetation condition in item III and added the list of excluded activities and locations in item IV.
4. Licenses must be issued with validity of 3 to 6 years for the LP and for the LI or combined LP and LI, and 5 to 10 years for the LAU, LO, combined LI and LO, LOC, LAE and LAC; indefinite licenses are forbidden. If renewal is requested at least 120 days before expiry, the license is extended automatically until the authority decides. Low or medium potential, small or medium size activities may obtain automatic renewal for the same period on an electronic declaration that size, applicable law and compliance with conditions are unchanged, backed by a professional's report.Lei nº 15.190 of 8 August 2025, Arts. 6 and 7 §§ 4 to 6, 2025-08-08 official text · verified 2026-10-27
5. Maximum review periods, counted from delivery of the study and documents, are 10 months for an LP with EIA, 6 months for an LP with other studies, 3 months for the LI, LO, LOC and LAU, 4 months for two phase licenses without EIA and 12 months for the LAE. The authority must reject an incomplete study within 15 days, restarting the clock. Requests for supplements must be made once (except for new facts), suspend the clock and must be met within 4 months, extendable, or the file is archived. Missing a deadline does not grant a tacit license, but at the developer's request transfers the case to the supplementary authority, which restarts the period but must reuse accepted studies. Transfer of a license to a new holder must be decided in 30 days.
Example: A plant needing an LP with EIA filed on 2 March 2026 should get a decision on the LP by early January 2027 if no supplements are requested; each request for supplements stops the clock until answered.Lei nº 15.190 of 8 August 2025; Lei Complementar nº 140 of 8 December 2011, Lei nº 15.190 arts. 47, 48 and 52; LC nº 140 art. 14 § 3, 2025-08-08 official text · verified 2026-10-27
6. The special license (LAE) applies to strategic activities or projects defined by decree on a biennial proposal of the Government Council. It requires an EIA and environmental impact report (Rima), a mandatory public hearing that does not replace free, prior and informed consultation of traditional peoples, and a single request for additional information, and must be decided within 12 months, possibly in stages.Lei nº 15.300 of 22 December 2025, Arts. 2 to 5, 2025-12-22 official text · verified 2026-10-27 · changed: Lei nº 15.300 of 22 December 2025 set out the special licensing procedure (LAE) that had been vetoed in Lei nº 15.190 and regulated by a provisional measure.
7. Activities operating without a valid license on the law's publication date are regularized through a corrective operation license (LOC). Where operation began when a license was already required, compensatory measures are set. If the LOC cannot be issued by adhesion, a commitment agreement precedes it; when the LOC is requested spontaneously, meeting all requirements extinguishes criminal liability for operating without a license (Lei nº 9.605 art. 60), and proceedings and limitation periods are suspended while the agreement is in force. If regularization is not viable, the authority orders decommissioning and recovery of the area.Lei nº 15.190 of 8 August 2025, art. 26 as promulgated on 5 December 2025, Art. 26 §§ 1 to 5, 7 and 10, 2025-12-05 official text · verified 2026-10-27
8. The developer bears the cost of studies, public hearings, implementing and monitoring license conditions, publication of requests and the fees of the federal, state or municipal authority. Fees must be proportionate to the cost and complexity of the service, and the authority must publish how they are composed. Declarations that an activity is not subject to licensing are free.
Cost to do it: Studies, hearings, monitoring and authority fees, which vary by state and municipality and by size and polluting potential; an EIA and Rima is usually the largest item.Lei nº 15.190 of 8 August 2025; Lei Complementar nº 140 of 8 December 2011, Lei nº 15.190 art. 53; LC nº 140 art. 13 § 3, 2025-08-08 official text · verified 2026-10-27
9. The law took effect 180 days after publication on 8 August 2025 and its procedures apply to licensing processes started after it entered into force. Congress rejected 52 items of the partial veto on 27 November 2025. Political parties and associations challenged the law and Lei nº 15.300 in the Supreme Court (ADIs 7913, 7916 and 7919), and the construction industry asked for a declaration of constitutionality (ADC 102). A joint judgment was scheduled for 12 August 2026 and later removed from the 19 August 2026 calendar; as of 27 October 2026 no ruling had been issued.Lei nº 15.190 of 8 August 2025; Supreme Court ADIs 7913, 7916 and 7919 and ADC 102, Lei nº 15.190 arts. 60 and 67, 2026-10-07 official text · verified 2026-10-27 · changed: Pending: constitutional challenges ADIs 7913, 7916, 7919 and ADC 102 before the Supreme Court; judgment removed from the 19 August 2026 calendar, no decision by 27 October 2026.
LicenseMain requirementMaximum reviewValidity
LP (prior)EIA or other study under terms of reference10 months with EIA; 6 months otherwise3 to 6 years
LI (installation)Basic environmental plan and engineering elements3 months3 to 6 years
LO (operation)Report on compliance with conditions3 months5 to 10 years
LP/LI or LI/LO (two phase)Study set by the authority4 months without EIA3 to 6 or 5 to 10 years
LAU (single)Simplified report and control plan3 months5 to 10 years
LAC (adhesion and commitment)Characterization report (RCE), self declaredNo prior review5 to 10 years
LOC (corrective)Simplified report and control plan, or commitment agreement3 months5 to 10 years
LAE (special, strategic projects)EIA and Rima, mandatory public hearing12 months5 to 10 years

License types under Lei nº 15.190: what is needed, review period and validity. Sources: arts. 5, 6 and 47; Lei nº 15.300 art. 5.

Worked example

  • Mid size factory. A food processing plant of medium size and medium polluting potential in a state that lists the activity for the LAC can obtain a self declared license by filing an RCE prepared by a qualified professional, valid for 5 to 10 years, subject to sample inspections (art. 22). If the site requires removal of native vegetation needing specific authorization, the LAC is not available and a two or three phase procedure applies.
  • Wind farm offshore. A project in the exclusive economic zone is licensed by the Union (LC nº 140 art. 7 XIV b), in practice through the federal licensing authority, and will normally need an EIA and the three phase LP, LI and LO sequence with up to 10 months for the LP review, plus time for supplements.

Step by step

  1. 1. Identify the licensing entity under LC nº 140 arts. 7 to 9 and its list of activities and fees.
  2. 2. Classify size and polluting potential under the state or municipal rules to see whether LAC, LAU, two phase or three phase licensing applies.
  3. 3. Obtain terms of reference and commission studies from qualified professionals who sign technical responsibility.
  4. 4. File electronically; track the 15 day completeness check and the art. 47 review period, and answer supplements within 4 months.
  5. 5. After issue, comply with conditions, report on schedule and request renewal at least 120 days before expiry.
  6. 6. If an existing operation lacks a license, consider applying spontaneously for an LOC to regularize it.

Common traps

  • Building before the license. Operating or building without a license is a crime with detention of 6 months to 2 years or a fine, increased up to double where an EIA is required (Lei nº 9.605 art. 60).
  • Expecting a tacit approval. Missed deadlines only shift the case to the supplementary authority (art. 47 § 3).
  • Assuming every activity qualifies for the LAC. Mining, sensitive locations and native vegetation removal are excluded (art. 22 IV).
  • Missing the 120 day renewal window. A later request does not extend the license automatically (art. 7).
  • Ignoring the court cases. Provisions of the law may be suspended or struck down in ADIs 7913, 7916 and 7919.

Sources

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