Countries › Colombia › Guide › 13. Regulation › Environmental liability in Colombia: presumed fault, preventive measures, fines up to 100,000 minimum wages, the 20 year limitation, confession discounts and the infractors registry

Environmental liability in Colombia: presumed fault, preventive measures, fines up to 100,000 minimum wages, the 20 year limitation, confession discounts and the infractors registry

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

Breaching environmental laws, licences or permits, or causing environmental damage, is an environmental infringement, and the offender's fault or intent is presumed: the company must disprove it. Authorities (ANLA, regional corporations, urban environmental units, National Parks) can impose preventive measures such as suspending works immediately, and sanctions including fines of up to 100,000 minimum wages at the wage in force on the sanction date (COP 175,090,500,000 in 2026, about US$55.4 million), closure, licence revocation and demolition; a fine normally comes with another sanction. Since Ley 2387 de 2024 a confession before proceedings cuts the fine 30 percent (15 percent before charges), proceedings must end within 5 years (extendable 5), companies entering dissolution or insolvency must notify and post guarantees, and the action lapses 20 years after the act.

USD figures use the TRM (tasa representativa del mercado) of COP 3,157.94 per US dollar, valid 27 October 2026, from the official TRM series published by the Superintendencia Financiera on the national open data portal. Conversions are for orientation only.

Key facts

Maximum environmental fine	100000 monthly minimum wagesLey 1333 de 2009 art. 40 (Ley 2387 de 2024 art. 17), as of 2026-10-27 · in force
Maximum environmental fine in 2026 pesos (wage at the sanction date)	175090500000 COPLey 1333 de 2009 art. 40 par. 5; Decreto 1469 de 2025, as of 2026-10-27 · in force
Environmental fine reduction for confession before the proceeding opens	30 %Ley 2387 de 2024 art. 11, as of 2026-10-27 · in force
Environmental fine reduction for confession before charges	15 %Ley 2387 de 2024 art. 11, as of 2026-10-27 · in force
Limitation period for the environmental sanctioning action	20 yearsLey 1333 de 2009 art. 10, as of 2026-10-27 · in force
Maximum duration of an environmental sanctioning proceeding (extendable once)	5 yearsLey 1333 de 2009 art. 10 par. (Ley 2387 de 2024 art. 18), as of 2026-10-27 · in force

The rule

1. The State holds the environmental sanctioning power and exercises it through the Ministry of Environment, the Autoridad Nacional de Licencias Ambientales (ANLA), the regional autonomous corporations and sustainable development corporations, the environmental units of large cities, the public environmental establishments and Parques Nacionales Naturales. In environmental matters the offender's fault or intent is presumed and gives rise to preventive and sanctioning measures; the offender is sanctioned unless it disproves the presumption, carrying the burden of proof.Ley 1333 de 2009 (art. 1 as amended by Ley 2387 de 2024 art. 2), Art. 1 and par., 2024-07-25 official text · verified 2026-10-27

2. An environmental infringement is any act or omission breaching the Código de Recursos Naturales (Decreto Ley 2811 de 1974), Ley 99 de 1993, Ley 165 de 1994, other environmental rules, or administrative acts with environmental content such as licences, permits and contingency plans. Causing environmental damage is also an infringement when damage, a negligent or intentional act and causation concur, and the offender must repair damage to third parties. Breaches of acts without environmental content are handled under the general administrative enforcement rules.Ley 1333 de 2009 (art. 5 as amended by Ley 2387 de 2024 art. 6), Art. 5 and par. 1 to 5, 2024-07-25 official text · verified 2026-10-27

3. Authorities, including the armed forces and police environmental units, may impose preventive measures by reasoned act according to the seriousness of the infringement: preventive seizure of products and implements, apprehension of wildlife specimens, suspension of a project, work or activity when it may cause damage or danger or was started without, or in breach of, the required licence or permit, and orders to carry out studies of the damage. Costs of preventive measures are borne by the offender, and measures are lifted once conditions are met or with the final decision.Ley 1333 de 2009 (art. 36 as amended by Ley 2387 de 2024 art. 19), Art. 13 and art. 36, 2024-07-25 official text · verified 2026-10-27

4. Sanctions, as main or accessory: written warning; fines of up to 100,000 monthly minimum wages; temporary or permanent closure of the establishment, building or service; revocation or expiry of the licence, authorization, concession, permit or registration; demolition at the offender's cost; permanent seizure; and restitution of wildlife specimens. The fine is calculated with the minimum wage in force on the date of the act imposing it; when a fine is imposed it must normally be accompanied by another sanction, and a fine alone must be technically justified. Sanctions do not exempt the offender from restoring the environment, and civil, criminal, fiscal and disciplinary actions remain available. Community service or environmental courses may replace fines only when the offender's economic capacity is insufficient.
Cost to do it: Maximum fine in 2026: 100,000 x COP 1,750,905 = COP 175,090,500,000 (about US$55.4 million).
Example: A fine of 50,000 minimum wages imposed in 2026 equals COP 87,545,250,000. / About us$27.7 million.Ley 1333 de 2009 (art. 40 and art. 49 as amended by Ley 2387 de 2024 art. 17 and art. 21), Art. 40 and art. 49, 2024-07-25 official text · verified 2026-10-27

5. Mitigating circumstances: confessing the infringement before proceedings start (except in flagrante cases), voluntarily repairing, mitigating or compensating the damage before proceedings start without causing greater damage, and absence of damage. A confessing offender gets a 30 percent reduction of the fine if it confesses before the sanctioning proceeding starts and 15 percent if before the statement of charges. Aggravating circumstances include recidivism (checked in the RUIA registry, and attributed to a company even through consortia or other structures), serious damage, protected areas or endangered species, economic gain, obstruction, breaching preventive measures and hazardous waste. Force majeure, act of a third party, sabotage or terrorism exempt from liability.Ley 1333 de 2009 (art. 6 as amended by Ley 2387 de 2024 art. 13; art. 7 par. 2 added by art. 12); Ley 2387 de 2024, Ley 1333 art. 6, 7 and 8; Ley 2387 art. 11, 2024-07-25 official text · verified 2026-10-27

6. The sanctioning action lapses 20 years after the act or omission (or the last day of continuing conduct) and can be brought at any time while the violation persists. Once started, a proceeding may not last more than 5 years, extendable once for another 5 by reasoned decision. The preliminary inquiry lasts up to 6 months.Ley 1333 de 2009 (art. 10 par. added by Ley 2387 de 2024 art. 18), Art. 10 and art. 17, 2024-07-25 official text · verified 2026-10-27

7. When an alleged offender falls into a cause of dissolution or plans or enters dissolution, merger, spin off, reorganization, restructuring, liquidation or insolvency, it must immediately inform the environmental authority, and its legal representative, liquidator or promoter must post guarantees covering obligations that may arise from the pending proceeding and record them as contingent liabilities. Failing to do so makes the legal representative, liquidator, promoter, board members or partners jointly liable for payment.Ley 1333 de 2009 (art. 9A added by Ley 2387 de 2024 art. 15), Art. 9A, 2024-07-25 official text · verified 2026-10-27

8. Sanctions are entered in the public Registro Único de Infractores Ambientales (RUIA), kept by the Ministry of Environment and updated at least monthly, which proves recidivism and lists the infringement, sanction, authority and, for companies, the name, tax ID and legal representative.Ley 1333 de 2009, Art. 57, 58 and 59, 2009-07-21 official text · verified 2026-10-27

Sanction	Detail	2026 COP	USD
Written warning	Main or accessory
Fine	Up to 100,000 minimum wages, normally with another sanction	175,090,500,000	about US$55.4 million
Closure	Temporary or permanent, total or partial
Revocation	Licence, permit, concession, authorization or registration
Demolition	At the offender's cost
Seizure and restitution	Products, implements, wildlife specimens

Environmental sanctions (Ley 1333 de 2009 art. 40 as amended by Ley 2387 de 2024; fines at the 2026 minimum wage of COP 1,750,905; USD at TRM COP 3,157.94)

Worked example

A plant discharges wastewater above its permit limits. The regional corporation can suspend the discharge as a preventive measure, open proceedings in which the company must prove it was not at fault, and impose a fine of up to COP 175,090,500,000 (about US$55.4 million) with closure or permit revocation. If the company confesses before proceedings start, its fine is cut 30 percent; if it confesses after the opening but before charges, 15 percent.

Step by step

Inventory every environmental licence, permit, concession and contingency plan and track each condition as a compliance obligation.
Monitor and keep evidence of compliance, since fault is presumed and the company bears the burden of proof.
Check the RUIA for targets in acquisitions and for contractors and consortium partners.
If an incident occurs, mitigate immediately and evaluate a confession before proceedings open to secure the 30 percent reduction.
Before dissolution, merger, spin off, reorganization or liquidation, notify environmental authorities of pending proceedings and post guarantees.

Common traps

Fines are valued at the minimum wage on the sanction date, unlike most other fines that convert pre 2024 caps to UVB.
A fine alone is the exception: expect it to be combined with closure, revocation or demolition.
The 20 year limitation does not run while the violation persists.
Recidivism follows the company into consortia and temporary unions.
Insolvency or liquidation without notifying the authority and posting guarantees makes directors and partners jointly liable.

Sources

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