| September 27, 2002 | 0 Comments
Maintenance And Management Program
|ENVIRONMENTAL CODE (Legislative Part)|
|Sub-section 3: Common provisions|
|I. – A multi-year maintenance and management program, called a simple management plan, may be submitted to the prefect for approval by any riparian owner of a non-state-owned watercourse and any trade union association of riparian owners.
II. – The benefit of aid from the State and its public establishments attached to the cleaning, maintenance and restoration of watercourses is granted as a priority to owners who establish a simple management plan or subscribe to it.
III. – The Prefect grants his approval after consulting, where applicable, the local water commission established in application of article L. 212-4.
IV. – The plan includes:
1 ° A description of the initial state of the watercourse, its bed, the banks, the fauna and flora;
2 ° An annual program of maintenance and cleaning work and, if necessary, a program of restoration work, specifying in particular the techniques used and the consequences on the environment;
3 ° A financing plan for maintenance, management and, if applicable, restoration work.
V. – The plan is valid for a period of five years which may be renewable.
|If the cleaning, maintenance, enlargement, regularization and rectification works are of public health concern, the act which orders them may, after consultation with the general council and the municipal councils concerned, set part of the expenditure to the responsibility of the municipalities whose territory is cleaned up.
In this case, the same act determines which municipalities are concerned and fixes the share that each of them must bear in the expenditure.
|The riparian owners of disused irrigation canals retroceded by the authorized union associations are required to maintain them to maintain their function of draining rainwater.|
|A decree in the Council of State fixes, as necessary, the conditions of application of this section.|