All public infrastructure that, because of its location or operation and as demonstrated by the relevant studies and evidence, directly or indirectly affects the natural movement of wild fauna of any species (terrestrial or aquatic), anywhere in the country—especially in protection areas, protected wild areas, national parks, forest reserves, forests, State Natural Heritage, or any fragile point identified as a natural wildlife crossing—must have appropriate structures to facilitate the free passage of wildlife from one side of the infrastructure to the other at all sites where the studies so determine. These structures must allow wildlife to move within its habitat range, support gene flow, and maintain an ecologically balanced ecosystem.
The Ministry of Public Works and Transport (MOPT), municipalities, and any other state entity must coordinate with the National System of Conservation Areas to include the implementation of wildlife crossings in new projects, or to rule out the need for them.
For existing roads in operation where activities are carried out to replace components, rehabilitate, improve, widen, or maintain them, the necessary measures must likewise be implemented to mitigate habitat fragmentation and facilitate the safe passage of wild fauna species. Those sites must be identified through technical and scientific assessment and by consensus with Sinac.
The identification of measures directed at wild fauna must be an integral part of formulating any public infrastructure project, from the identification and pre-investment stage, so that the costs of implementing and maintaining those measures are included in the budget required to carry out the project. The National Environmental Technical Secretariat must verify that the commitment to implement environmental measures directed at wild fauna is included in the execution of infrastructure projects, as part of granting environmental viability, based on the recommendations of the relevant biological and technical studies.
Road construction projects categorized as having very low impact, but whose location is found to affect ecological connectivity fragmentation and the movement of wild fauna (aquatic and terrestrial), must implement environmental mitigation measures as part of applying the Code of Good Environmental Practices.
The environmental measures to be implemented, as well as their design, shall result from the technical and scientific study identifying the hot spots where these measures are required. That study must be conducted by the developer and approved by Sinac. The developer must consider high-mortality sites where accidents are evidenced by reports to the Environmental Complaint Processing System or by investigations demonstrating such accidents.
The company responsible for the work must install the wildlife crossings under appropriate conditions and in accordance with the designs specified in the environmental management plan or sworn statement of environmental commitments.