CURAGE AND MAINTENANCE
LexInter | September 3, 2002 | 0 Comments

CURAGE AND MAINTENANCE

Article L215-14
Without prejudice to articles 556 and 557 of the Civil Code and the provisions of Chapters I, II, IV, VI and VII of this title, the riparian owner is required to carry out regular cleaning to restore the watercourse in its width and depth. natural resources, the maintenance of the shore by pruning and coppicing the tree vegetation and the removal of ice jams and debris, floating or not, in order to maintain the natural flow of water, to ensure the good behavior of the banks and to preserve flora and fauna while respecting the proper functioning of aquatic ecosystems.
Article L215-15
It is provided for the cleaning and maintenance of non-state watercourses as well as the maintenance of the works which are attached to them in the manner prescribed by the old regulations or according to local customs.
However, riparian owners are only required to receive cleaning materials on their land if their composition is not incompatible with the protection of soil and water, in particular with regard to heavy metals and other toxic elements that they contain. may contain.
The prefects are responsible, under the authority of the competent minister, to make the necessary arrangements for the execution of these regulations and customs.
Article L215-16
In the absence of old regulations or local customs, the procedure is carried out in accordance with the provisions governing trade union associations.
When the grouping of trade union associations, either authorized or automatically constituted, appears necessary for the proper development, either of the basin of a non-state-owned watercourse or of a part of this basin, or only of this course of The water itself or a section thereof, a union of these various associations may be automatically constituted under the conditions fixed by decree in the Council of State notwithstanding the absence of unanimous consent of the associations concerned.
This article applies without prejudice to the provisions of article L.
Article L215-17
In all cases, the roles of distribution of the sums necessary for the payment of cleaning or maintenance works are drawn up under the supervision of the prefect and made enforceable by him.
The recovery is made in the same forms and with the same guarantees as in the case of direct contributions.
The privilege thus created ranks immediately after that of the Public Treasury.
Article L215-18
All disputes relating to the execution of the works, the distribution of the expenditure and the requests for reduction or discharge made by the taxpayers are brought before the administrative jurisdiction.
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zArticle L215-19
During the work, the owners are required to allow the officials and agents responsible for surveillance, contractors and workers, as well as the mechanical devices strictly necessary for carrying out the work, to pass through their land.
The land built or enclosed by walls on February 3, 1995 as well as the courtyards and gardens adjoining the dwellings are exempt from the easement with regard to the passage of machinery.
This right is exercised as much as possible by following the bank of the watercourse and respecting existing trees and plantations.

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