If your company operates, plans to invest, or develops projects subject to environmental licensing, single forest harvesting permits, or the subtraction of forest reserve areas in Colombia, this update is relevant to you.

On April 7, 2026, the Ministry of Environment and Sustainable Development issued the resolution adopting the updated Manual for Biotic Compensation and Forest Reserve Area Subtraction. This resolution repeals Resolution 256 of 2018 and its amendment through Resolution 1428 of 2018.
What changes?

Among the main updates are the following:

• Compensation factors with increases for interventions in areas with prior compensation: the maximum factor of 10 for strategic ecosystems and the 1:1 ratio for transformed ecosystems are maintained, but increases of 25% outside SINAP and 50% within SINAP are introduced when the project intervenes in areas where compensation actions are already being implemented.
• Forest reserve subtraction: a detailed methodological framework is developed, including restoration guidelines, minimum plan content, a ten year schedule, the exceptional possibility of Habitat Banks for permanent subtraction, and rules on transfer of ownership in inalienable protected areas.

Transitional regime
The resolution establishes differentiated transitional rules:

1. Applications filed within 3 months following the entry into force of the resolution may be assessed under amended Resolution 256 of 2018, if expressly requested by the applicant; otherwise, they will be governed by the new resolution.
2. Applications in process at the time the resolution enters into force will continue under the previous regime, with a voluntary 12 month window to opt into the new Manual through a plan amendment.
3. Projects with plans under implementation will remain subject to their current conditions, with the same voluntary 12 month option.
4. Holders of an environmental license, single forest harvesting permit, or forest reserve subtraction authorization that do not have an approved compensation plan must submit one to the competent environmental authority within a maximum period of 6 months in accordance with the new terms.

Why is this relevant for your business?

This update requires a careful review of ongoing projects and those in the planning stage, as it may impact cost estimates, the structuring of environmental compensation obligations, and the definition of the most appropriate regulatory strategy. Likewise, the transitional regime introduces decisions that must be made in an informed and timely manner, taking into account their effects on project viability and execution. In this context, it is key to assess in an integrated manner the impacts of the new regulation and how it interacts with each specific case.

At Brigard Urrutia, we are available to analyze the implications of this new regulation for your projects and to support you, from an environmental legal perspective, in structuring or adjusting your compensation plans.
Please feel free to contact us at ambienteynegociossostenibles@bu.com.co