On February 20, 2026, the Official Gazette published the extract of Exempt Resolution No. 730/2026 issued by the Ministerio del Medio Ambiente, approving the Draft Regulation of the National System of Protected Areas (“SNAP”). This regulatory milestone forms part of the implementation of Ley N°21.600, which created the Servicio de Biodiversidad y Áreas Protegidas (“SBAP”).

This new regulation establishes the rules governing the SNAP, including the procedures and requirements for the creation, amendment, and declassification of protected areas—both public and private. It will enter into force once the SNAP formally begins operations.

Key Aspects of the Regulation

• Creation, amendment, and declassification of State protected areas: The procedure may be initiated ex officio by the SBAP, at the request of the Ministry of the Environment, or upon petition by third parties. It includes stages of admissibility review, submission of background information, public participation, indigenous consultation, and coordination with sectoral authorities. The final decision is formalized through a supreme decree.
• Management Plans: All protected areas must have a management plan, to be issued within two years from their creation. The procedure includes public participation and, where applicable, indigenous consultation.
• Private Protected Areas: The regulation establishes the voluntary procedure for the creation of private protected areas, the conditions governing their transfer of ownership, the obligations of landowners, and the associated benefits.
• Comités Consultivos Regionales: Se regula la creación e integración de estos órganos consultivos para apoyar la gestión del SNAP y la integración de las áreas protegidas en la planificación regional.

Challenge Mechanisms

Supreme decrees creating, amending, or declassifying State protected areas may be challenged before the competent Environmental Court, in accordance with Title V of Law No. 21,600. Likewise, resolutions approving management plans are subject to challenge mechanisms under the framework established by that law. Supreme decrees formalizing the creation, amendment, or declassification of private protected areas may also be subject to judicial review before the competent Environmental Court.

Public Consultation

The Draft Regulation will be subject to a public consultation process for a period of 30 business days from its publication, that is, until April 6, 2026. This process is particularly relevant for project developers and landowners of environmentally valuable properties, as the regulation will determine the obligations and benefits associated with environmental protection under the new SBAP institutional framework.

For further information on this matter, please contact: Javier Naranjo (jnaranjo@jdf.cl) Martín Esser (messer@jdf.cl) Andrea Gallyas (agallyas@jdf.cl) Javiera Rodriguez (jrodriguez@jdf.cl) Josefina Ossa (jossa@jdf.cl) María Paz Valenzuela (mpvalenzuela@jdf.cl)