TEXT OF LAW No.

217, "GENERAL LAW OF THE ENVIRONMENT AND THE

NATURAL RESOURCES" WITH ITS INCORPORATED REFORMS
Law No. 217, Approved on January 17, 2014
Published in La Gaceta No. 20 on January 31, 2014

GENERAL LAW ON THE ENVIRONMENT AND NATURAL RESOURCES

TITLE I
Chapter I
General Provisions
Article 1 This General Law on the Environment and Natural Resources
its purpose is to establish the norms for the conservation, protection,
improvement and restoration of the environment and the natural resources that it
they integrate, ensuring their rational and sustainable use, in accordance with what is stated in the
Political Constitution.
Article 2 The provisions contained in this Law are of public order. All
The person will be able to have citizen participation to promote the initiation of actions.
administrative, civil or criminal actions against those who violate this Law.
Article 3 The specific objectives of this Law are:
1) The prevention, regulation, and control of any of the causes or activities
that cause deterioration of the environment and contamination of ecosystems.
Establish the means, methods, and opportunities for rational exploitation of
natural resources within a National Planning based on the
sustainable development, with equity and social justice and taking into account the
cultural diversity of the country and respecting the rights recognized to our
autonomous regions of the Atlantic Coast and Municipal Governments.
3) The correct use of physical space through territorial planning
that considers the protection of the environment and natural resources as the foundation for
the development of human activities.
Strengthen the National System of Protected Areas to ensure the
biodiversity and other resources.
5) Ensure the rational use and management of watersheds and water systems,
thus ensuring their sustainability.
6) Encourage and stimulate environmental education as a means to promote a
society in harmony with nature.
7) Foster a healthy environment that contributes in the best way to the
health promotion and disease prevention for the Nicaraguan people.
8) Promote and encourage activities and programs aimed at development and
compliance with this Law. 9) The others contained in this Law.

Chapter II
Definitions
Art. 5 For the purposes of this Law, the following shall be understood as:

Climate Change Adaptation: Adjustments in human or natural systems

as a response to projected or real climatic stimuli, or their effects, that
they can mitigate the damage or take advantage of its beneficial aspects.

Environment: The system of biotic, abiotic, socioeconomic elements

cultural and aesthetic elements that interact with each other, with individuals, and with the
community in which they live determining their relationship and survival.

Utilization: The rational sustainable use or exploitation of natural resources

and environmental.

Protected Areas: Those aimed at conservation, rational management and

the restoration of flora, wildlife, and other forms of life, as well as the
biodiversity and the biosphere.
Biodiversity: The set of all and each of the species of living beings and
its varieties are terrestrial, aquatic, live in the air or in the ground, are
plants or animals or of any kind includes the diversity of the same
species, among species and among ecosystems, as well as genetic diversity.
Climate Change: Significant statistical variation in the average state of the climate
or in its variability, which persists over a prolonged period (normally
decades or even more), which may be due to internal natural processes, to
changes in external forcing, or persistent changes of origin
anthropogenic in the composition of the atmosphere or in land use.
Conservation: The application of the necessary measures to preserve, improve,
maintain, rehabilitate and restore populations and ecosystems without affecting their
exploitation.
Sustainable Consumption: Use of goods and services that respond to the
basic needs and contributes to the improvement in the quality of life, while
reduce the use of natural resources, toxic materials, and pollutants throughout
from the life cycle, without compromising the satisfaction of the needs of future
generations.
Pollution: The presence and/or introduction into the environment of harmful elements
to life, flora or fauna, or that degrades the quality of the atmosphere, water,
of the soil or of goods and natural resources in general.
Sustainable Development: Improve the quality of human life without exceeding the
carrying capacity of the ecosystems that support them.
TITLE II
FROM ENVIRONMENTAL MANAGEMENT

Chapter I
From the Environment Commission
Article 6. The National Environment Commission is created as a forum for analysis and discussion.
and coordination of environmental policies. This will serve as an instance of
coordination between the State and Civil Society to promote harmonious action
from all sectors, as well as an advisory and consultative body of the Executive Power in
regarding the formulation of policies, strategies, design and execution of
environmental programs.
Article 7 The Commission will be permanently made up of the representatives
from the following institutions and organizations:

1) Ministry of Environment and Natural Resources (MARENA), which

will preside.
Ministry of Development, Industry and Commerce.
3) Ministry of Finance and Public Credit.
4) Ministry of Transport and Infrastructure.
5) Ministry of Health.
Ministry of Foreign Affairs.
Nicaraguan Institute of Territorial Studies.
Nicaraguan Institute of Aqueducts and Sewers.
A delegate from each of the Autonomous Regional Councils of the Atlantic
South and North.

A delegate from the Association of Municipalities of Nicaragua.

Two delegates from environmental non-governmental organizations.
12) Two delegates from the Private Company: one from the industrial sector and another from
Agricultural Sector. 13) A delegate from the Union Sector.
14) A delegate from the National Council of Universities.
A delegate from the Commission on Environment and Natural Resources of the
National Assembly.
A delegate from the Ministry of Agriculture and Forestry.

Chapter II
Of the Instruments for Environmental Management
Article 11 These are instruments for environmental management the set of policies,
guidelines, technical and legal standards, activities, programs, projects and
institutions that allow the application of the General Environmental Principles and
the achievement of the country's environmental objectives, including the following:
1) From Planning and Legislation.
2) From the Environmental Land Use Planning.
3) From the Protected Areas.
4) On Permits and Environmental Impact Assessments.
5) From the National Environmental Information System.

6) On Education, Dissemination, and Scientific and Technological Development.

7) On Incentives.
8) Of Public Investments.
From the National Environmental Fund.
10) From the Declaration of Contaminated Areas and Environmental Emergencies.
11) From the Payment for Environmental Services System.

12) From the Environmental Audit.

13) On Climate Change and its Management.
14) From the Safety of the effects of chemical substances, toxic and pollutants.
 TITLE III
FROM NATURAL RESOURCES
Chapter I
Common Standards and Ways to Acquire Rights

Article 64: Natural resources are national heritage; their ownership, use and
exploitation will be
regulated by what establishes this Law, special laws and their
respective regulations. The State may grant the right to exploit the
natural resources, by concession, permits, licenses and fees.
Article 65 For the use and sustainable management of natural resources
Renewable energies must take into account, among others, the following criteria:

The sustainability of natural resources.

2) The convenience of environmental preservation, its costs and benefits
socioeconomic.
The plans and priorities of the country, municipality or autonomous region, and community
indigenous where the resources and benefits of their
benefit for the communities.
Title IV
On environmental quality
Chapter I
Common Standards
Article 119 All inhabitants have the right to enjoy a healthy environment,
natural landscapes and the duty to contribute to their preservation. The State has the
duty to guarantee the prevention of adverse environmental factors that
affect the health and quality of life of the population, establishing measures or
corresponding regulations.
Art. 120 For the promotion and preservation of environmental quality of the
human settlements will be mandatory to ensure a balanced relationship with the
natural elements that serve as support and environment, delineating the areas
industrial, service, residential, urban-rural transition, space
green and in contact with nature, as well as the prevention and adoption of
criteria for good environmental quality in building constructions.
Article 121 The Ministry of the Environment and Natural Resources in coordination
with the State institutions, Autonomous Governments, and Municipalities:

1) It will guide the monitoring and control of fixed and mobile sources of
pollution, pollutants and the quality of ecosystems.
2) It will issue standards and quality norms for ecosystems, which will serve
as guidelines for regulation and environmental management.
3) It will issue standards for technologies, processes, treatment, and emission standards.
discharges, as well as waste and noise.
4) It will issue regulations on the location of polluting or risky activities and
about the areas of influence of them.

Title V
Of the competencies, actions, and sanctions in administrative matters and
judicial
Chapter I
Of the Competencies and Actions
Article 144: Any violation of this Law and its regulations shall be punished.
administratively by the competent authority, in accordance with the procedure
here established, without prejudice to the provisions of the Penal Code and the laws
specific, as well as other criminal and civil actions that may arise from
the same.
Art. 145 In case of crimes, the Prosecutor's Office for the Defense of the Environment and of the
Natural Resources, established in Article 9 of this Law, will be part of the
processes before the corresponding courts, in order to guarantee the application of
the laws.
Article 146 The administrative resolutions for the application of this law and
its regulations, when they affect the property or personal interests of the
individuals or legal entities will be appealable according to the procedure
administrative.
Art. 147 For the purposes of the administrative process, as indicated in article 144
under this Law, any natural or legal person may file a complaint before the
competent authority for violations of this law, which must be by
written and contain at least the following:
1) General provisions of the law regarding the complainants.

2) Name, business name, and location of the natural or legal person reported.
3) Relationship of facts.

4) Place to hear notifications.

5) Signatures.

Title VI
Transitional and final provisions
Single Chapter
Article 163 Due to its strategic importance and for the purposes of conservation
biodiversity in Nicaragua is incorporated into the National System of Areas
Protected, the La Flor Wildlife Refuge, in the Municipality of San Juan del
Sure, the Miraflores Natural Reserve in the Municipality of Estelí, the Reserve of
Genetic Resources Apacunca in the Municipality of Somotillo.
Article 164 Where it reads Ministry of Finance; Ministry of Economy and
Development; Ministry of Agriculture and Livestock and Ministry of Construction and
Transport should be understood as: Ministry of Finance and Public Credit,
Ministry of Development, Industry and Commerce, Ministry of Agricultural and Forestry
Ministry of Transport and Infrastructure.