Section 4: Shore access
(Law n ° 2002-276 of February 27, 2002 art. 115 Official Journal of February 28, 2002)
(Ordinance n ° 2006-460 of April 21, 2006 art. 3 VI Official Journal of April 22, 2006 in force on July 1, 2006)
Pedestrian access to the beaches is free unless justified for reasons of security, national defense or environmental protection require special provisions.
The free and open use by the public constitutes the fundamental destination of the beaches as well as their allocation to fishing and marine culture activities.
Unless authorized by the prefect, after advice from the mayor, the circulation and parking of land motor vehicles other than rescue, police and operating vehicles are prohibited, outside the developed paths, on the sea shore. and on dunes and beaches belonging to the public or private domain of public persons when these places are open to the public.
Beach concessions are granted under the conditions set out in Article L. 2124-4 of the General Code of Property of Public Persons. They preserve the free movement on the beach and the free use by the public of a space of significant width all along the sea.
The other provisions relating to access to the shore are governed by Articles L. 160-6, L. 160-6-1, L. 160-7 and L. 160-8 of the Town Planning Code, hereinafter reproduced:
“Art. L. 160-6. – The private properties bordering the maritime public domain are encumbered on a strip three meters wide by an easement intended to ensure exclusively the passage of pedestrians.
The administrative authority may, by reasoned decision taken after opinion of the municipal council (s) concerned and in view of the result of a public inquiry carried out as in the matter of expropriation:
a) Modify the route or the characteristics of the easement, in order, on the one hand, to ensure, in particular taking into account the presence of obstacles of any kind, the continuity of the path of pedestrians or their free access to the shore of the sea, on the other hand, to take into account pre-existing local roads or rules; the modified route may exceptionally encumber properties not bordering the public maritime domain;
b) Exceptionally, suspend it.
Except in the case where the institution of the easement is the only way to ensure the continuity of the path of pedestrians or their free access to the sea shore, the easement instituted in paragraphs 1 and 2 above cannot encumber the land. located less than fifteen meters from buildings for residential use erected before January 1, 1976, nor encumber land adjoining residential houses and enclosed by walls on January 1, 1976. “
“Art. L. 160-6-1. A right of way for pedestrians, transverse to the shore, may be instituted on existing private roads and paths for collective use, with the exception of those reserved for professional use, according to the procedure provided for in the second paragraph of article L. 160-6.
The purpose of this easement is to connect the public road to the sea shore or to the paths of immediate access to it, in the absence of a public road located less than five hundred meters and allowing access to the shore.
The provisions of article L. 160-7 are applicable to this easement. ”
“Article L. 160-7 -.. The easement established by Article L. 160-6 opens a right to compensation if the result for the owner a direct, material and certain.
The application for Compensation must, on pain of foreclosure, reach the competent authority within six months from the date on which the damage was caused.The
compensation is fixed either amicably or, in the event of disagreement, under the conditions defined in the second paragraph of article L. 160-5
The amount of the compensation for deprivation of use is calculated taking into account the previous usual use of the land.
The civil liability of the owners of land, roads and paths encumbered by the easements defined in Articles L. 160-6 and L. 160-6-1 cannot be incurred for damage caused or suffered by the beneficiaries of these easements. ”
“Art. L. 160-8. – A Council of State decree specifies the conditions of application of Articles L. 160-6 and L. 160-7 and fixes the date of their entry into force.
The decree provided for in the preceding paragraph also determines the cases in which the distance of fifteen meters fixed in Article L. 160-6 (paragraph 3) may, exceptionally, be reduced. “