Article L331-1
(Law n ° 2006-436 of April 14, 2006 art. 1 Official Journal of April 15, 2006)
A national park can be created from land or sea spaces, when the natural environment, particularly the fauna, flora, soil, subsoil, atmosphere and waters, landscapes and, where appropriate, the cultural heritage they contain are of special interest and it is important to ensure their protection by preserving them from degradation and damage liable to alter their diversity, composition, appearance and development.
It is made up of one or more cores, defined as the land and sea areas to be protected, as well as a membership area, defined as all or part of the territory of the municipalities which, having vocation to be part of the national park in due in particular to their geographical continuity or their ecological solidarity with the heart, have decided to adhere to the charter of the national park and to contribute voluntarily to this protection. It can include areas belonging to the maritime public domain and to waters under State sovereignty.
Article L331-2
(Law n ° 2006-436 of April 14, 2006 art. 2 Official Journal of April 15, 2006)
The creation of a national park is decided by decree in the Council of State, at the end of a procedure set by the decree provided for in article L. 331-7 and comprising a public inquiry and consultations.
The decree for the creation of a national park:
1 ° Defines the perimeter of the core (s) of the national park and sets the general protection rules that apply to it;
2 ° Determines the territory of the communes having vocation to adhere to the charter of the park;
3 ° Approves the park charter, draws up the list of municipalities having expressed by deliberation their decision to adhere to it and takes note of the effective perimeter of the land and sea areas of the park;
4º Creates the national public administrative establishment of the park.
The adhesion of a municipality to the charter, after the creation of the national park, is subject to the agreement of the public establishment of the park. This membership can only take place three years after the approval of the charter or during its revision. It is noted by the prefect who updates the actual perimeter of the national park.
The national park cannot include all or part of the territory of a municipality classified as a regional natural park.
Article L331-3
(Law n ° 2006-436 of April 14, 2006 art. 3 Official Journal of April 15, 2006)
I. – The charter of the national park defines a territorial project reflecting the ecological solidarity between the heart of the park and its surrounding areas.
It is made up of two parts:
1 ° For the spaces of the heart, it defines the objectives of protection of the natural, cultural and landscape heritage and specifies the methods of application of the regulations provided for in 1 ° of article L. 331-2;
2 ° For the membership area, it defines the guidelines for protection, enhancement and sustainable development and indicates the means of implementing them.
The charter of the national park includes graphic documents, indicating the different zones and their vocation. These documents are drawn up from an inventory of natural, landscape and cultural heritage, socio-economic data and a demographic assessment of the population of the national park.
Each part of the charter includes a general section recalling the fundamental principles applicable to all national parks, due to their high heritage value, and a section specific to each national park, comprising objectives or orientations and measures determined from of its particular territorial, ecological, economic, social or cultural characteristics.
The draft charter for the national park is drawn up by the public establishment of the national park or by the public interest group prefiguring it. It is sent for opinion to the local authorities concerned and to their groups concerned.
Agreements for the application of the charter may be signed between the public establishment of the national park and each member local authority to facilitate the implementation of the guidelines and measures of protection, enhancement and sustainable development that it provides. . The public establishment of the national park can also suggest to other interested legal persons governed by public law to join in the application of the charter by signing an agreement. Partnership contracts forming part of a project contributing to the implementation of the charter may also be concluded between the
II. – The public establishment of the national park evaluates the application of the charter and deliberates on the advisability of its revision twelve years at most after its approval, its previous revision or the last decision not to revise it.
Modifications that do not affect the general economy of the objectives or orientations of the charter may be decided by the public establishment of the park after consulting the local authorities concerned and their groups concerned.
The revision of the charter is subject to the same rules as its preparation.
For the only part of their territory included in the membership area, the municipalities having adhered to the charter of the national park may decide to withdraw from it upon approval of the revised charter or, where applicable, at the end of ” a period of three years from the deliberation deciding on the review.
In the absence of deliberation, they may also withdraw at the end of a period of fifteen years from the approval of the charter, its previous revision or the last decision not to revise it.
The prefect notes, as necessary, the withdrawal (s) and updates the actual perimeter of the national park.
III. – The public establishment of the national park is associated with the development and the various procedures for revising territorial coherence schemes and local town planning plans.
The territorial coherence schemes, local town planning plans and municipal maps must be compatible with the protection objectives and the guidelines of the national park charter. When one of these documents is approved before the approval of the charter, it must, if necessary, be made compatible within three years of its approval.
During their preparation or revision, the planning, development and management documents of natural resources relating to agriculture, forestry, mechanical wind energy, quarries, access to nature and outdoor sports, water management, hunting management, wildlife management, tourism and the development or enhancement of the sea appearing on a list set by the decree provided for in article L. 331-7 are submitted for opinion to the public establishment of the national park in so far as they apply to the areas included in the national park.
In the heart of a national park, they must be compatible or made compatible, within three years from the approval of the charter if they precede it, with the protection objectives defined by this charter. last for these spaces.
The public authorities concerned ensure the consistency of their actions with the guidelines and measures of the charter and implement the necessary means. The regional prefects ensure that the specificities of the core areas and the membership area of a national park are taken into account in the planning documents for State action and financial programming.
Article L331-4
(Law n ° 2006-436 of April 14, 2006 art. 4 Official Journal of April 15, 2006)
I. – In the heart of a national park, the following rules apply:
1 ° Outside the urbanized areas defined in the decree creating each park, the works, with the exception of normal maintenance work and, for equipment of general interest, major repairs, constructions and installations are prohibited, except with special authorization from the public establishment of the park issued after the opinion of its scientific council or, on delegation, of the president of the latter;
2 ° In the urbanized spaces defined in the decree creating each park, the works, with the exception of normal maintenance work and, for equipment of general interest, major repairs, constructions and installations are subject to the special authorization of the administrative authority after consulting the public establishment of the park, subject to the provisions of II;
3 ° When these works, constructions and installations are subject to a planning authorization, the assent of the authorities mentioned in 1 ° and 2 ° takes the place of special authorization;
4 ° The park regulations and the charter provided for in article L. 331-2 may include specific rules applicable to works, constructions and installations.
The rules provided for in 1º to 4º are equivalent to a public utility easement and are annexed to the local town-planning plans under the conditions provided for by article L. 126-1 of the town-planning code.
II. – The works or developments planned in the park which must be preceded by an impact study in application of article L. 122-1, or which are subject to an authorization in application of articles L. 214-3 or L 512-1 and which are likely to significantly affect the heart or the maritime spaces of the national park, can only be authorized or approved on the assent of the public establishment of the park issued after consultation of its scientific council. The special authorization provided for in 1 ° of I takes the place, where applicable, of an assent.
III. – The provisions of this article do not apply to works and installations carried out in application of article L. 331-5, nor to those covered by national defense secrecy.
Article L331-4-1
(inserted by Law n ° 2006-436 of April 14, 2006 art. 4 Official Journal of April 15, 2006)
The regulations of the national park and the charter provided for in article L. 331-2 may, in the heart of the park:
1 ° Set the conditions under which existing activities can be maintained;
2 ° Subject to a special regime and, if necessary, prohibit hunting and fishing, commercial activities, the extraction of non-concessionable materials, the use of water, the circulation of the public whatever the means borrowed, the overflight from the heart of the park at a height of less than 1,000 meters from the ground, any action liable to harm the natural development of fauna and flora and, more generally, to alter the character of the national park.
They also regulate the exercise of agricultural, pastoral or forestry activities.
Industrial and mining activities are prohibited in the heart of a national park.
Article L331-4-2
(inserted by Law n ° 2006-436 of April 14, 2006 art. 4 Official Journal of April 15, 2006)
The regulations of the national park and the charter provided for in article L. 331-2 may provide, by derogation from articles L. 331-4 and L. 331-4-1 and under conditions specified by the decree provided for in Article L. 331-7, more favorable provisions for the benefit of permanent residents in the heart of the park, natural or legal persons exercising an agricultural, pastoral or forestry activity on a permanent or seasonal basis in the heart and natural persons exercising an activity professional at the date of creation of the national park, duly authorized by the establishment of the national park, in order to ensure them, to the extent compatible with the objectives of protecting the heart of the national park,normal conditions of existence and enjoyment of their rights.
Article L331-5
(Law n ° 2006-436 of April 14, 2006 art. 25 III Official Journal of April 15, 2006)
In the heart of a national park, it is compulsory to bury electrical or telephone networks or, for electric lines with a voltage of less than 19,000 volts, to use twisted network techniques on the residential facade. , when creating new power lines or new telephone networks.
When imperative technical requirements or topographical constraints make burying impossible, or when the impacts of this burying are deemed to be greater than those of laying an overhead line, this prohibition may be exceptionally waived by joint decree of the Minister responsible for energy or telecommunications and the Minister responsible for the environment.
Article L331-6
(Law n ° 2006-436 of April 14, 2006 art. 5 Official Journal of April 15, 2006)
From the decision of the administrative authority taking into consideration the creation of a national park under the conditions set by the decree provided for in Article L. 331-7, the works, constructions and installations planned in the areas intended to appear in the heart of the national park which would have the effect of modifying the inventory or the appearance of the areas in question are subject to authorization from the administrative authority, or, if they are subject to an urban planning authorization , in the assent of this authority.
It may be suspended to rule on the authorization requests to which they are the subject under the conditions and timeframe provided for in Article L.
Article L331-6-1
(inserted by Law n ° 2006-436 of April 14, 2006 art. 5 Official Journal of April 15, 2006)
The perimeter of the heart of the park can be materialized by signs, terminals and markers, the installation of which constitutes a public utility easement.
Article L331-7
A decree in Council of State determines the modalities of application of this chapter.
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