[ DENR ADMINISTRATIVE ORDER NO. 2018-16, August 20, 2018 ]
GUIDELINES IN THE PROCESSING AND ISSUANCE OF PERMITS ON THE REMOVAL AND RELOCATION OF TREES AFFECTED BY DPWH PROJECTS
Adopted: 18 July 2018
Pursuant to the Presidential Decree 705 as amended, Presidential Decree No. 953, Executive Order No. 23 S. 2011, Executive Order No. 26 S. 2011, other relevant laws, rules and regulations, and in order to fast track the processing and issuance of permits on the removal or relocation of trees affected by infrastructure projects of the Department of Public Works and Highways (DPWH), the following guidelines are hereby prescribed for compliance of all concerned.
Section 1. Scope and Coverage
This Order shall cover all applications for removal and relocation of trees for the construction of roads, bridges, flood control and other infrastructure duly certified as government projects of the DPWH.
Section 2. Application Requirements
The following requirements shall be submitted by the DPWH to the CENRO with jurisdiction over the projects, to wit:
1. Appropriate infrastructure plan with tree charting (e.g. Road Alignment Plan, Building Plan) indicating the geotagged location of individual trees affected by the project, to be numbered sequentially, and shall be vetted by theSection 3. Guidelines in Tree Removal and Relocation.
DPWH as basis of validation by the DENR during actual cutting operations;
2. Appropriate Environmental Clearance (CNC/ECC);
3. Endorsement from the concerned Local Government Units;
4. Waiver/Consent corresponding to appropriate infrastructure plan in the case of tree cutting within private lands; and
5. Appropriate Land Tenure Instruments CLTls) for tree cutting within forestlands.
3.1 Evaluation of the complete requirements shall be done upon receipt thereof.Section 4. Other Considerations. The following shall be considered in the processing and issuance of tree removal and relocation permits:
Application with incomplete requirements shall not be acted upon and returned to the applicant immediately.
The concerned CENR Office shall issue the corresponding Tree Cutting Permit and/or Earth-balling Permit (TCP/EP) within three (3) working days indicating the number of trees based on the analysis of the appropriate infrastructure plan with tree charting or if necessary, on the result of actual ocular inspection.
The CENR Office may conduct ocular inspection to verify the correctness of the submitted requirements in coordination with the DPWH before issuance of the TCP/EP on the third day as may be warranted.
3.2 Determination of the number of trees, location and its species nomenclature/common name, classification if naturally grown or planted, and corresponding volume shall be verified and determined upon the conduct of geotagging and tree scaling by CENRO concerned during the actual tree cutting activities. These shall serve as basis for determining the tree replacement and schedule of hauling logs and to the concerned DENR office, computation of forest charges, among others.
3.3 Tree removal and relocation operations, including turnover and transport of logs, shall only be done under the presence and close supervision of the DENR. Correspondingly, the DPWH shall shoulder all operational costs.
4.1 In case of tree removal and relocation in public forestlands, TCP/EP applications shall only be processed upon issuance of appropriate LTl secured by the DPWH from the concerned Regional Directors, subject to existing regulations.Section 5. Transitory provisions. All existing reglations in earth-balling and tree replacement shall remain in force and executory.
4.2 To further facilitate issuance of TCP/EPs, concerned DENR Office are required to attend consultation meetings during pre-project activities of the DPWH.
4.3 The design of the road projects should always consider the least number of trees to be affected.
Section 6. Repealing Clause. All circulars, orders, memoranda, and issuances inconsistent herewith shall be amended or repealed accordingly.
Section 7. Effectivity Clause. This Order shall take effect fifteen (15) days after publication in at least two (2) newspapers of general circulation and upon submission of three (3) copies thereof to the Office of the National Administrative Register (ONAR) from the UP Law Center.
Secretary