Wetland protection regulations
Introduction
Law 21,202, modifies various legal bodies with the objective of protecting urban wetlands,[1] better known as the Urban Wetlands Law, is a Chilean law that regulates wetlands in urban areas. The law aims to provide a set of minimum criteria for the sustainability of urban wetlands, safeguarding their ecological characteristics and functioning, and to maintain the hydrological regime, both above and below ground.[2].
The law allows the Chilean Ministry of the Environment "Ministerio del Medio Ambiente (Chile)") to officially declare urban wetlands, on its own initiative or at the request of municipalities.[1].
Origins
In 2017, residents of Krahmer Park") in Valdivia, organized to protest against a real estate company that sought to build in the wetland. Faced with this situation, parliamentarians introduced the bill that was approved and promulgated three years later, on January 23, 2020.[3] The regulation that defines minimum criteria for the recognition, protection and sustainability of urban wetlands, necessary for the full validity of the law, was promulgated during the second government of Sebastián Piñera and published in the Official Gazette on November 24, 2020.[4].
The law was built through collaboration between various organizations, researchers, local communities, scientists and academics, who contributed to its development.[5] After its promulgation, the Senate of Chile launched the book "Urban Wetlands. History of a pioneer and citizen law", which documents the legislative process of this important regulation.[5].
Content
The law defines urban wetlands as:[1].
The law modifies the Law on General Bases of the Environment "Law on General Bases of the Environment (Chile)") and the General Law of Urban Planning and Construction, with the objective of being able to protect urban wetlands and consider them in its provisions.[1].
In the Law of General Bases of the Environment, any project that involves an urban wetland will have to be entered into the Environmental Impact Assessment System.[6] Likewise, it highlights the role of municipalities in declaring their urban wetlands, placing the enhancement and protection of this type of ecosystems in the hands of the same government. Finally, the law states that urban wetlands must be included when carrying out territorial planning.[3].