Chapter II Conservatory of coastal space and lake shores
LexInter | November 22, 2006 | 0 Comments

Chapter II Conservatory of coastal space and lake shores

Article L322-1

(Law n ° 2002-276 of February 27, 2002 art. 160 I, II Official Journal of February 28, 2002)
 

(Law n ° 2005-157 of February 23, 2005 art. 133 I, II Official Journal of February 24, 2005)

I. – The Conservatory of Coastal Space and Lake Shores is a public establishment of the State of an administrative nature whose mission is to carry out, after consulting the municipal councils and in partnership with the local authorities concerned, a land policy of protection of the coastal area and respect for natural sites and ecological balance:
1 ° In the coastal cantons delimited on July 10, 1975;
2 ° In communities bordering seas, oceans, salt ponds or inland waterways with an area greater than 1,000 hectares;
3 ° In municipalities bordering estuaries and deltas when all or part of their banks are located downstream of the saline water limit;
4 ° Repealed

II. – He can present to public authorities any suggestions related to his mission. In particular, he may propose measures to prevent any construction of land contiguous to the public maritime domain.
In order to promote a more integrated management of coastal zones, the Conservatory of Coastal Space and Lake Shores can also exercise its missions in the public maritime domain which is assigned or entrusted to it.

III. – Its intervention can be extended by prefectural decree and after opinion of its board of directors to sectors geographically bordering the cantons and communes mentioned in I and constituting with them an ecological or landscape unit as well as to the wetlands located in the departments coastal.

Article L322-2

   Decrees issued by the Council of State determine the conditions for the application of this chapter.

ENVIRONMENTAL CODE
(Legislative Part)

Sub-section 1: Constitution and alienations

 

Article L322-3

   For the achievement of the objectives defined in article L. 322-1, the Conservatory of the littoral space and the lacustrine shores can carry out all land operations. However, the alienation of buildings in its own domain can only be granted after authorization given by decree of the Council of State, taken on a proposal from the board of directors, ruling by a majority of three quarters of the members present or represented.

Article L322-4

   The Coastal Space and Lake Shore Conservatory may expropriate all property rights and exercise, in the absence of the department, the right of preemption provided for in Article L. 142-3 of the Town Planning Code.

Article L322-5

   When the Coastal Space and Lake Shores Conservatory acquires by mutual agreement goods encumbered with easements instituted by application of the Town Planning Code, the acquisition price is assessed in relation to the value of the goods taking into account the existing easements. , said easements not being eligible for any additional charge.

Article L322-6

(Law n ° 2002-276 of February 27, 2002 art. 160 III Official Journal of February 28, 2002)

The Coastal Space and Lake Shore Conservatory can be assigned, free of charge, to buildings belonging to the public or private domain of the State. However, when the previously assigned service is endowed with financial autonomy, the building is assigned for consideration to the public establishment or is transferred to it in accordance with common law.
The Coastal Space and Lake Shores Conservatory replaces the State in the management of the buildings assigned to it: it enters into all agreements concerning them, in particular those referred to in Article L. 322-9, collects at its own expense. profit all their products and bear the related charges, of whatever nature. These provisions are applicable to state buildings handed over to the establishment as an endowment.
State property which is assigned to it or given as an endowment can only be decommissioned or withdrawn under the conditions provided for the alienations of the proper domain.

 

Article L322-6-1

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

For the achievement of the objectives set in Article L. 322-1, the Coastal Space and Lake Shores Conservatory may be assigned by agreement buildings in the public domain of the State for a period not exceeding thirty years. The renewal of the agreement is done in the same forms as the award.
This allocation agreement may empower the conservatory, or the manager as defined in Article L. 322-9, to grant temporary occupancy authorizations that do not constitute real rights and to collect the proceeds for its benefit, provided that it bears the corresponding loads.
The management is carried out under the same conditions as those fixed in the
A Council of State decree specifies the conditions of application of this article, in particular with regard to the rules applicable to the recovery of products and royalties from the domain.

 

Article L322-6-2

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

The provisions relating to the restoration of management to the Conservatory of coastal space and lake shores of natural spaces located in the zone of fifty geometric steps are set out in Articles L. 5112-9 and L. 5113-1 of the General Code of the property of public persons.

 

Article L322-7

   Acquisitions and exchanges of buildings located in the areas defined in Article L. 322-1 and made by the Coastal Space and Lake Shore Conservatory are exempt from dimension stamp duty, registration fees and of the land registration tax.

Article L322-8

   Donations and bequests of buildings located in the areas defined in Article L. 322-1 are exempt from free transfer rights, when they are made for the benefit of the Conservatory of Coastal Space and Lake Shores.

ENVIRONMENTAL CODE
(Legislative Part)

Sub-section 2: Management

Article L322-9

(Law n ° 2002-276 of February 27, 2002 art. 161 Official Journal of February 28, 2002)

The area falling under the Coastal Space and Lake Shore Conservatory includes property acquired as well as those assigned, assigned, entrusted or returned to management by the State. The conservatory’s own domain consists of the land which it has become owner and which it decides to keep in order to fulfill its mission defined in article L. 322-1. The domain coming under the Conservatory of the littoral and the lacustrine shores is in the public domain with the exception of the acquired land not classified in the own domain. Within the limits of the vocation and the fragility of each space, this area is open to the public.
The buildings in the domain coming under the Coastal Space and Lake Shore Conservatory may be managed by local authorities or their groups, or public establishments or approved specialized foundations and associations which cover the costs and receive the corresponding income. Priority is given, if they so request, to local authorities in whose territory the buildings are located. The agreements signed in this respect between the conservatory and the managers expressly provide for the use to be given to the land, this use must necessarily contribute to the achievement of the objectives defined in Article L. 322-1.
The conservatory and the manager may authorize by agreement a temporary and specific use of the buildings as long as this use is compatible with the mission pursued by the conservatory, as defined in article L. 322-1.
In the case of use of this public domain associated with an agricultural operation, priority is given to the operator present on the premises when the buildings concerned entered the domain falling under the conservatory. In the absence of an operator present on the premises, the conservatory, and the manager where applicable, consult the professional bodies for the choice of the operator. The agreement with the latter fixes the rights and obligations of the operator in application of a framework agreement approved by the board of directors and determines the methods of calculating the fees.

Article L322-10

(Law n ° 2002-276 of February 27, 2002 art. 162 I Official Journal of February 28, 2002)
 

(Law n ° 2005-157 of February 23, 2005 art. 134 Official Journal of February 24, 2005)

The development and execution of work on buildings under the responsibility of the Coastal Space and Lake Shores Conservatory may be entrusted, with a view to ensuring the conservation, protection and enhancement of the property, to one of the public or private persons designated in Article L. 322-9 under an occupancy agreement not exceeding thirty years. The missions entrusted must be in accordance with the mission pursued by the conservatory. This agreement may empower the beneficiary to grant occupation authorizations that do not constitute real rights for a period not exceeding that of the agreement.
The beneficiary is authorized to collect the proceeds of the building directly for his benefit. In this case, he must periodically transfer to the conservatory the surplus of the products that have not been allocated to the development and management of the property. The beneficiary is freely chosen. At the end of the occupancy agreement, the manager cannot claim any compensation for the improvements made to the building.
The conservatory may assume part of the cost of the missions referred to in the first paragraph when this is lower than that of the beneficiary of the agreement, in accordance with the terms specified therein.

Article L322-10-1

(Law n ° 2002-276 of February 27, 2002 art. 162 II Official Journal of February 28, 2002)
 

(Law nº 2003-591 of July 2, 2003 art. 31 III 8º Official Journal of July 3, 2003)

The natural persons charged by the managers referred to in Article L. 322-9 to provide day care for the area administered by the Coastal Space and Lake Shore Conservatory constitute the coastal guards.
To exercise the police powers defined by this article, the coastal guards must be commissioned by the representative of the State in the department, on the proposal of the director of the Conservatory of Coastal Space and Lake Shores, then sworn in. In this case, they are among the agents mentioned in 3 ° of Article 15 of the Code of Criminal Procedure.
The coastal guards and the agents referred to in Article L. 332-20 of this code record in a report any contraventions of municipal or prefectural decrees relating to access to the land concerned or to its uses, as well as to those taken in application of articles L. 2213-2, L. 2213-4, L. 2213-23, L. 2215-1 and L. 2215-3 of the general code of local authorities, when they concern the area administered by the Conservatory of coastal space and lake shores.
The coastal guards can also record by report the contraventions of the provisions of this title and those of the code of the domain of the State on the domain administered by the Conservatory of the littoral space and the shores of lakes.

Article L322-10-2

(inserted by Law n ° 2002-276 of February 27, 2002 art. 162 III Official Journal of February 28, 2002)

Violators of the provisions mentioned in the preceding article are punished by the fine provided for by the 4th class contraventions.

Article L322-10-3

(inserted by Law n ° 2002-276 of February 27, 2002 art. 162 IV Official Journal of February 28, 2002)

The reports drawn up by the coastal guards are authentic until proven otherwise. They are delivered or sent directly to the public prosecutor, five clear days after the day on which the contravention was noted, on pain of nullity.
The fines can give rise to the procedure of the fixed fine, in accordance with the provisions of articles 529 to 529-2 of the code of penal procedure.

Article L322-10-4

(inserted by Law n ° 2006-436 of April 14, 2006 art. 19 I Official Journal of April 15, 2006)

Without prejudice to the penal sanctions incurred, any infringement of the integrity and conservation of the public domain under the responsibility of the Coastal Space and Lake Shores Conservatory, or likely to compromise its use, constitutes a major road traffic violation noted, punished. and pursued administratively.
It is ascertained by the agents referred to in Article L. 322-10-1, without prejudice to the skills of judicial police officers and agents and other specially authorized agents.
The convicted persons are required to repair these violations and incur the fines provided for fifth class fines and cases of repeat offenses. They bear the costs of the provisional and urgent measures that the Conservatory of the littoral space and the lacustrine shores could be brought to take to put an end to the disturbance brought to the public domain by the noted infringements.
The director of the Coastal Space and Lake Shores Conservatory and, upon delegation, the conservatory shores delegates, have the power to appeal to the administrative court, under the conditions and following the procedures provided for by the administrative justice code.

ENVIRONMENTAL CODE
(Legislative Part)

Sub-section 1: Board of directors

Article L322-11

   The Conservatory of Coastal Space and Lake Shores is administered by a board of directors composed of an equal number of representatives of the State and qualified personalities, on the one hand, members of Parliament as well as members of the deliberative assemblies. local authorities concerned by the activity of the Coastal Space and Lake Shore Conservatory, on the other hand.

Article L322-12

   The chairman of the board of directors is elected by the board from among its members.

ENVIRONMENTAL CODE
(Legislative Part)

Sub-section 2: Shoreline advice

 

Article L322-13

(Law n ° 2002-276 of February 27, 2002 art. 163 Official Journal of February 28, 2002)

The Coastal Space and Lake Shores Conservatory includes shoreline councils. These councils are composed of members elected from within them by the deliberative assemblies of the local communities.
They propose acquisition transactions and they are consulted on the transactions envisaged by the board of directors of the public establishment.
The mayors of the municipalities on whose territory operations are proposed or envisaged must be heard if they so request.
The composition, functioning and territorial limits of these councils are fixed by decree of the Council of State.
They make in particular to the board of directors any proposal relating to the conditions of development and management of the assets of the public establishment and to the partnership agreements between the Conservatory and the local authorities, and in particular the departments and the regions and their groups. , defining, on a multi-year basis, the objectives and the resources mobilized by the parties for the implementation of the mission defined in article L. 322-1.

ENVIRONMENTAL CODE
(Legislative Part)

Sub-section 3: Management and staff

Article L322-13-1

(inserted by Law n ° 2005-157 of February 23, 2005 art. 133 III Official Journal of February 24, 2005)

In application of the partnership mentioned in Article L. 322-1 and in order to carry out the missions entrusted to it, the Coastal Space and Lake Shore Conservatory may have, in addition to its own staff, the territorial public service made available.
Pursuant to III of Article L. 322-1, it may also have contractual agents from public establishments working in wetlands in the form of secondment.

ENVIRONMENTAL CODE
(Legislative Part)

Section 4: Financial provisions

Article L322-14

   For the accomplishment of its mission, the Conservatory of the littoral space and the lacustrine shores has resources defined by a decree in Council of State.

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