1. When is it mandatory to modify an environmental license?
Article 2.2.2.3.7.1 of Decree 1076 of 2015 establishes the events that require the license holder to process an environmental license modification.
In general terms, modification is mandatory when the project will carry out activities or works that generate additional or different environmental impacts from those evaluated in the original Environmental Impact Assessment —EIA—.
The most frequent cases in practice include:
- Expansion of the project area into zones not included in the original license, even if they are adjacent to the approved polygon.
- Changes in construction or operation activities that imply new sources of impact not previously assessed, such as new access roads, new material disposal areas or changes in the alignment of transmission lines or pipelines.
- Incorporation of new sources of natural resource use, such as new water intakes, new forest harvesting areas or new borrow pits.
- Changes in installed capacity that exceed the ranges evaluated in the original EIA, such as increased water intake flow, increased discharge volume or expanded storage capacity.
- Reduction of the project area when it implies changes in management measures, compensation obligations or the previously defined area of influence.
- Changes in wastewater treatment systems or air emission control systems that modify the conditions evaluated in the license.
- Inclusion of new works or infrastructure not contemplated in the EIA, such as new substations, permanent camps or storage yards.
The practical rule is this: if the change generates impacts that were not identified, measured or managed in the original EIA, it requires a license modification. If the impacts were already evaluated and the change is only an operational adjustment, it may qualify as a minor change.
2. Modification vs. Minor Change: the distinction that most confuses license holders
Decree 1076 of 2015 establishes an intermediate figure between normal project operation and formal license modification: the Minor Change, or normal adjustment within the ordinary course of the project.
Understanding the difference is critical because it determines the applicable procedure and the authority’s response time.
|
Criterion |
Minor Change |
License Modification |
|
Definition |
Work or activity that does not generate additional impacts beyond those already assessed in the EIA |
Work or activity that generates new or additional impacts not assessed in the EIA |
|
Procedure before ANLA |
Request for a minor change decision |
Formal modification request with EIA supplement |
|
ANLA response time |
20 business days maximum |
No fixed practical term; between 6 months and 2 years in practice |
|
Can the activity begin before the response? |
No. A favorable decision must be issued first |
No. The modification resolution must be issued first |
|
Required documents |
Technical description of the activity and justification that no additional impact is generated |
EIA supplement, new cartography and adjusted management plans |
|
Filing platform |
Ministry of Environment’s VITAL platform |
Ministry of Environment’s VITAL platform |
Important: the license holder cannot unilaterally decide that an activity is a minor change. ANLA is the authority that determines whether the change qualifies as minor or requires a formal modification.
Starting activities under the assumption that they are minor changes, without waiting for ANLA’s decision, is an environmental violation.
3. Listed and non-listed minor changes: a practical distinction
The Ministry of Environment has regulated specific lists of minor changes by sector, which simplifies the assessment for some projects:
Transportation infrastructure sector: Articles 2.2.2.6.1.1 to 2.2.2.6.1.6 of Decree 1076 of 2015, originally Decree 770 of 2014, now compiled.
Energy sector, including energy projects, dams, reservoirs, transfers and impoundments: MADS Resolution 376 of 2016.
Mining sector: MADS Resolution 1259 of 2018.
LASolar solar energy projects: Decree 1033 of 2025, paragraph 1 of Article 2.2.2.3.7.1.
For sectors without a regulated list, such as oil and gas, agribusiness, water supply and sewerage projects, among others, any activity that the license holder considers a minor change must be evaluated by ANLA as a non-listed minor change, following the same procedure for requesting a decision.
The response time is the same: 20 business days.
4. The modification procedure step by step
Unlike an initial license application, a modification does not start from zero. The license holder already has an open file before ANLA and an approved EIA.
The procedure consists of supplementing that study with the assessment of the new impacts and proposing the corresponding additional management measures.
Step 1 — Request for specific terms of reference, if applicable
For modifications that involve significant changes in project scope, ANLA may require specific terms of reference defining the scope of the required EIA supplement.
Not all modifications require them. For changes with a smaller scope, the license holder may prepare the supplement based on the current general terms of reference and the general methodology for environmental studies.
Step 2 — Preparation of the EIA supplement
The EIA supplement must specifically assess the new impacts generated by the additional activities or areas.
It is not necessary to repeat the entire baseline of the original project. It is sufficient to characterize the new area or additional activity and assess its impacts and management measures.
The supplement must include:
- Detailed description of the new activities or works and their technical justification.
- Environmental characterization of the additional area or activity, through an adjusted baseline.
- Identification and assessment of new environmental impacts.
- Adjusted Environmental Management Plan with the new management measures.
- Update of the Compensation Plan if the modification implies new impacts on the biotic environment.
- Updated cartography in SHP formats according to VITAL platform standards.
Step 3 — Filing before ANLA through VITAL
Since 2025, all documentation for environmental license modifications must be filed exclusively through VITAL, the Online Environmental Procedures Single Window.
Documents must comply with specific technical requirements: PDF/A format for text documents, SHP format for cartography and electronic signature of the legal representative.
A filing with documents in incorrect formats may be returned, restarting the procedural timeline.
Step 4 — Evaluation by ANLA’s technical team
ANLA assigns an evaluation team to review the EIA supplement.
During the evaluation, the authority may call the license holder to additional information meetings to clarify technical aspects or request complementary documentation.
Each additional information request suspends the procedural timeline until the license holder files the requested response.
This is the stage where procedures tend to extend the most. License holders that respond incompletely or late may see their procedures suspended for months.
Step 5 — Modification resolution
ANLA issues a resolution granting or denying the modification.
If the modification is granted, the resolution modifies the conditions of the original license and incorporates the new environmental management obligations.
The license holder may file a motion for reconsideration within 10 business days following notification if it disagrees with the imposed conditions.
5. Processing times: legal deadline vs. real time
Decree 1076 of 2015 establishes that ANLA has 60 business days to decide on an environmental license modification. ANLA reports that it complies with this deadline in 99% of procedures.
However, this legal deadline includes an important caveat: it is automatically suspended in several external scenarios, which means that the actual resolution time may be significantly longer.
The events that suspend the legal term include:
Additional information requests to the license holder, with the term suspended until the holder files the response.
Judicial decisions ordering suspension of the procedure.
Pending removal of areas from forest reserve status before the Ministry of Environment.
Convening of environmental public hearings.
Prior consultation processes before DANCP.
In practice, the sum of these suspensions determines the real processing time.
|
Type of procedure |
ANLA legal term |
Real time including suspensions |
|
Minor change, listed or non-listed |
20 business days |
20–30 business days |
|
Standard modification without suspensions |
60 business days |
3–5 months |
|
Modification with additional information requests |
60 business days + suspensions |
8–14 months |
|
Modification involving removal from forest reserve status |
60 business days + MADS suspensions |
12–24 months |
|
Modification requiring prior consultation |
60 business days + consultation process |
18–36 months |
|
Modification involving an environmental public hearing |
60 business days + suspension |
May exceed 24 months |
The practical conclusion is that the 60-business-day term is the legal floor, not the real planning time.
The difference between that term and actual timelines is not necessarily due to ANLA’s non-compliance, but to the accumulation of suspensions, most of which depend directly on the quality and completeness of the documentation filed by the license holder.
Corporación Bioparque’s experience shows that modifications filed before ANLA with a complete, well-structured EIA supplement and cartography in the correct formats reduce additional information requests and shorten the procedure by an average of 3 to 5 months compared with filings submitted with incomplete documentation.
6. Does the modification require a new prior consultation process?
This is one of the most frequent questions and one of the issues with the greatest impact on project schedules.
An environmental license modification may require a new prior consultation process when:
- The additional project area affects ethnic communities that were not consulted in the original process.
- The new activities generate direct impacts on communities already certified in the original process, but those communities were not consulted regarding these specific new impacts.
- DANCP certifies the presence of communities in the modification area.
In these cases, Decree 1585 of 2020, incorporated into Decree 1076 of 2015, establishes that ANLA must suspend the evaluation of the modification until DANCP decides whether prior consultation applies and, if it does, until the consultation process concludes.
For this reason, identifying in advance whether the modification area has ethnic presence is a due diligence step that may prevent suspension of the procedure at advanced stages.
7. The most frequent mistakes in modification procedures
Starting activities without waiting for the modification resolution. This is the most costly mistake. Carrying out works in areas not authorized by the current license may lead to preventive suspension measures, the opening of an environmental sanctioning process and the requirement to restore the intervened area.
Confusing minor change with license modification, and vice versa. Some license holders request a minor change for activities that clearly require a formal modification, resulting in an unfavorable ANLA decision and the loss of the time invested in preparing the file.
Filing the EIA supplement with cartography in incorrect formats. The VITAL platform has strict technical requirements. A filing returned due to format issues restarts the timeline and may cause delays of weeks or months.
Failing to update the Compensation Plan in the modification. If the modification implies new impacts on the biotic environment, the Compensation Plan must be updated in accordance with the 2026 Manual. Omitting this update results in ANLA observations that delay the final decision.
Failing to verify ethnic presence in the modification area before filing. Discovering at advanced stages of the procedure that the modification requires prior consultation may suspend the process for one or two additional years.
Responding partially to additional information requests. Each incomplete response generates a new request and restarts the suspension period. A single well-prepared response saves more time than three partial responses.
8. Illustrative cases by sector
Oil and gas sector — Expansion of production facilities
An operator of a production block needed to expand its surface facilities to incorporate new development wells. The additional area covered 12 hectares adjacent to the originally licensed area.
Although the area was small, it included secondary forest and a water source not assessed in the original EIA. ANLA determined that it did not qualify as a minor change and required a formal modification.
The EIA supplement was prepared in four months and the procedure before ANLA took nine months. The operator was able to begin the expansion 13 months after identifying the need.
The lesson: identifying projected changes in the block development plan in advance allows the modification procedure to begin with sufficient time.
Energy sector — Solar project with area adjustment due to land restrictions
A solar photovoltaic project needed to reduce the licensed area in one zone due to land negotiation restrictions and incorporate an equivalent area in an adjacent property.
Although the net area remained the same, incorporating the new property required new environmental characterization.
The license holder processed it as a minor change under Decree 1033 of 2025 for LASolar projects. ANLA responded favorably in 18 business days, allowing construction to continue without significant interruptions.
9. Checklist before filing a modification
Before filing an environmental license modification, the license holder should verify the following:
- Confirm that the proposed change is not included in the list of minor changes for the corresponding sector. If there is no sector list, assess whether it may qualify as a non-listed minor change.
- Review whether the modification area has ethnic community presence before preparing the EIA supplement. A consultation with DANCP at this stage may prevent surprises during evaluation.
- Prepare cartography in SHP formats compatible with VITAL from the beginning of the process, not at the end. Format errors are the most frequent cause of returned filings.
- Update the Compensation Plan if the modification implies new biotic impacts, in accordance with the 2026 Manual, adopted through Resolution 0305.
- Review whether the modification requires updates to associated environmental permits, such as water concessions, discharge permits or air emission permits.
- Define a realistic schedule for the procedure that does not assume periods shorter than eight months for medium-scope modifications, to avoid schedule pressure leading to rushed filings with incomplete documentation.
Corporación Bioparque supports environmental license holders in the preparation of EIA supplements for modification procedures before ANLA and the Regional Environmental Authorities, including preparation of cartography in VITAL formats, verification of ethnic presence in modification areas and update of Compensation Plans under the 2026 Manual.
If your project has an ongoing or planned change that may require a license modification, contact us at corporacionbioparque.org before starting any activities.