Abbreviated form of legal source
DL 76/2019
Description of the process
When choosing a site to build their projects, developers must be especially aware of restrictions and/or exceptionalities imposed on fire-stricken areas, national agricultural reserves and other areas deemed as sensitive, or protected, by law. Whenever a project is located in one of these areas, additional authorities will be required to issue their opinion authorising the realisation of the project – based on their understanding of the environmental conservation rules, feasibility of the area for that specific project, or the existence of alternative areas, for instance.
The site selection process encompasses obtaining a construction permit, which is to be issued by the city council of the region which the project will be built in. However, if the project is located in one of the areas aforementioned, or, if not located in one of them, but still considered as capable of causing adverse effects to the environment, the permit will be issued by the Regional Coordination and Development Commission, and its issuance will be contingent upon the environmental impact assessment of the project (art. 10-A DL 76/2019).
Competent authority
- City Council territorially responsible for the project
- Secretary of Spatial Planning and Nature Conservation
- State Secretariat of Forestry and Rural Development
- Regional Directorate for Agriculture and Fishery (DRAP)
- Environmental Assessment Authorities (either one of the five Regional Coordination and Development Commission or the Portuguese Environmental Agency, APA)