Abstract

This study analyzes the demarcation method of riverine and accreted land of the Brazilian Federal Heritage Department and proposes the incorporation of the flow rate corresponding to the recurrence interval of two years, as recommended by the State Environmental Institute of the state of Rio de Janeiro. The case study of the Rio de Janeiro section of the Paraiba do Sul River was investigated, and the results indicate that the Federal Heritage Department’s method does not consider the ongoing anthropization of the river, caused mainly by the construction and operation of hydroelectric plants. In addition, it was observed that the limnimetric scales of the studied gauging stations are influenced by constant changes in the riverbed and by riverbank occupation, making it difficult to estimate the ordinary flood level. The study concludes by suggesting the adoption of a flow rate with a recurrence interval of two years and the simulation of the runoff conditions for demarcation of the average ordinary flood line.

Highlights

  • To support land use and environmental planning, government planning and especially continuous monitoring are essential

  • This lack of standardization is cited by the Brazilian Court of Auditors (Tribunal de Contas da União) when it mentions that the legislation governing the demarcation is too broad and lacks regulation, which leads to interpretation uncertainties by the operating agencies/entities and cites as an example the divergence in understanding between the National Water Agency (Agência Nacional de Águas—ANA) and the SPU regarding federal rivers and their respective riverine lands

  • The present study investigates the mean ordinary flood line (MOFL) demarcation method and compares it with the method recommended by the State Environmental Institute (Instituto Estadual do Ambiente—INEA) in the demarcation of the riverbank protection zone (RPZ)

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Summary

Introduction

To support land use and environmental planning, government planning and especially continuous monitoring are essential. According to [3], the federal government has found it difficult to carry out this demarcation in strict observance of the law, and because of that, many decisions by the Superior Court of Justice (STJ) have nullified the demarcation process precisely due to the lack of scientific and technical criteria This lack of standardization is cited by the Brazilian Court of Auditors (Tribunal de Contas da União) when it mentions that the legislation governing the demarcation is too broad and lacks regulation, which leads to interpretation uncertainties by the operating agencies/entities and cites as an example the divergence in understanding between the National Water Agency (Agência Nacional de Águas—ANA) and the SPU regarding federal rivers and their respective riverine lands. The Rio de Janeiro section was selected because of the constant changes made to the riverbed and banks due mainly to riverside occupation and the operation of existing hydroelectric plants

Regular River Channel and Minor Riverbed
Ordinary Floods
Delimitation of the Study Area
Demarcation of Riverine and Accreted Land
Demarcation of the Riverine Protection Zone
Data Survey and Analysis
Results and Discussion
Final Considerations
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