LexInter | September 26, 2017 | 0 Comments

Coastal protection and development

ENVIRONMENTAL CODE
(Legislative Part)

Section 1: General provisions

V ° COASTAL

Article L321-1

   I. – The coast is a geographical entity which calls for a specific policy of development, protection and enhancement.
II. – The realization of this policy of general interest implies a coordination of the actions of the State and of the local communities, or of their groups, having for object:
1 ° The implementation of a research and innovation effort relating to the peculiarities and resources of the coast;
2 ° The protection of biological and ecological balances, the fight against erosion, the preservation of sites and landscapes and heritage;
3 ° The preservation and development of economic activities linked to proximity to water, such as fishing, marine farming, port activities, shipbuilding and repair and maritime transport;
4 ° The maintenance or development, in the coastal zone, of agricultural or forestry activities, industry, crafts and tourism.

Article L321-2

   The following are considered to be coastal municipalities, within the meaning of this chapter, the municipalities of metropolitan France and overseas departments:
1 ° Bordering seas and oceans, salt ponds, inland water bodies with an area greater than 1,000 hectares;
2 ° Bordering estuaries and deltas when they are located downstream of the saline limit of the waters and participate in the economic and ecological balances of the coast. The list of these municipalities is fixed by decree in the Council of State, after consultation of the municipal councils concerned.

ENVIRONMENTAL CODE
(Legislative Part)

Section 2: Planning and town planning

Article L321-3

   The reception of pleasure craft is organized in such a way as to integrate into natural and urban sites in compliance with the standards laid down by the plans for the enhancement of the sea defined in article 57 of law n ° 83-8 of January 7, 1983 relating to the distribution of powers between municipalities, departments, regions and the State.

Article L321-4

   The conceding authority of a marina grants the concession by imposing, if necessary, the reconstitution of an artificial beach surface or of a shellfish or aquaculture potential equivalent to what will have been destroyed by the works. of construction.

Article L321-5

(Ordinance n ° 2006-460 of April 21, 2006 art. 3 VI Official Journal of April 22, 2006 in force on July 1, 2006)

Decisions relating to the use of the public maritime domain are taken under the conditions set out in section 1 of chapter IV of title II of book I of part two of the general code of the property of public persons.

Article L321-6

(Ordinance n ° 2006-460 of April 21, 2006 art. 3 VI Official Journal of April 22, 2006 in force on July 1, 2006)

The preservation of the natural state of the shore is governed by the provisions of article L. 2124-2 of the general code of property of public persons.

Article L321-7

   The other provisions specific to the coast with regard to the execution of all works, constructions and installations are set out in the Town Planning Code (Book I, Title IV, Chapter VI).

 

ENVIRONMENTAL CODE
(Legislative Part)

Section 3: Extraction of materials

Article L321-8

   Extractions of materials not referred to in Article 2 of the Mining Code are limited or prohibited when they risk compromising, directly or indirectly, the integrity of beaches, coastal dunes, cliffs, marshes, mudflats, seagrass areas, spawning grounds , natural deposits of live shellfish and marine culture operations.
This provision may not, however, be an obstacle to dredging work carried out in ports and their channels or to those whose object is the conservation or protection of remarkable natural spaces.

ENVIRONMENTAL CODE
(Legislative Part)

Section 4: Shore access

Article L321-9

(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.

Article L321-10

   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. “

ENVIRONMENTAL CODE
(Legislative Part)

Section 5: Structures connecting the islands to the mainland

Article L321-11

(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)

At the request of the majority of municipalities or groups of municipalities competent in matters of development, town planning or the environment of a maritime island connected to the mainland by an engineering structure, the general council may institute departmental law. passage due by the passengers of each land motor vehicle using this structure between the mainland and the island.
The duty mentioned in the first paragraph is established and collected for the benefit of the department. It can be collected by the operator of the structure with a view to repaying it to the department.
The amount of this duty, which cannot exceed 3.05 euros per vehicle, is set by the general council after agreement with the majority of the municipalities and groupings of municipalities mentioned in the first paragraph.
The deliberation of the General Council may provide for different prices or free admission according to the various categories of users to take into account either a need in the general interest in connection with protected natural areas, or the particular situation of certain users and, in particular, those who have their domicile or place of work on the island concerned, or their domicile in the department concerned, or for the performance of a public service mission.
The revenue from the tax is entered in the department’s budget. It is intended, on the islands concerned, for the exclusive financing of measures for the protection and management of natural areas, within the framework of an agreement concluded between the prefect, the general council and the municipalities and groups of island municipalities mentioned in the first indentation. After deduction of charges related to its collection as well as operations for which the department is the contracting authority, it is transferred to the budget of the municipalities and groups of municipalities concerned within the framework of the aforementioned agreement.
A Council of State decree specifies the conditions for the application of this article.

ENVIRONMENTAL CODE
(Legislative Part)

Section 6: Maritime transport of passengers to protected areas

Article L321-12

(Ordinance n ° 2000-916 of September 19, 2000 art. 1 I Official Journal of September 22, 2000 in force on January 1, 2002)
 

(Law n ° 2002-276 of February 27, 2002 art. 166 Official Journal of February 28, 2002)

As stated in article 285 quater of the customs code reproduced below:
“A tax due by public maritime transport companies is levied. This tax is based on the number of passengers embarked at destination:
– a natural site classified or registered under Chapter I of Title IV of Book III of the Environment Code;
– a national park created in application of Article L. 331-1 of the Environment Code ;
– a nature reserve created pursuant to Article L. 332-1 of the code;
– a site in the area coming under the Coastal Space and Lake Shores Conservatory or on which it has established a protection easement, in application of Article L. 322-1 of the same code;
– or a port serving exclusively or mainly one of the areas mentioned above without being included therein.
The list of sites, parks, reserves and ports mentioned in the second to sixth paragraphs is fixed by decree. The sites registered under Chapter I of Title IV of Book III of the aforementioned Environmental Code may only appear on this list at the request of the municipalities concerned.
The tax is added to the price charged to passengers. It is recorded, collected and controlled by the customs service under the same guarantees, sanctions and privileges as in matters of customs duties. The State collects from the proceeds of this tax a levy for assessment and collection costs equal to 2.5% of said product. The rate of the tax is set by order of the minister responsible for the budget within the limit of 1.52 euros per passenger. This decree may provide for different prices or free access according to the various categories of users to take into account either a need in the general interest in connection with the protected area, or the particular situation of certain users,
The tax is collected for the benefit of the public body which ensures the management of the protected natural space or, failing this, of the municipality on whose territory the site is located and is allocated to its preservation.
A Council of State decree specifies the conditions for the application of this article. “

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