TITLE V LANDSCAPES
LexInter | November 22, 2006 | 0 Comments

TITLE V LANDSCAPES

Article L350-1

   I. – In areas remarkable for their landscape interest, defined in consultation with the local authorities concerned and when the said areas are not the subject of territorial planning directives issued in application of article L. 111-1-1 of the town planning code, the State can issue directives for the protection and enhancement of landscapes.
II. – These last directives determine the orientations and the fundamental principles of protection of the landscape structures which are applicable to these territories. They are developed at the initiative of the State or local authorities. They are the subject of consultation with all the regional authorities concerned and with the environmental protection associations approved under Article L. 141-1 and the professional organizations concerned. They are approved by decree in the Council of State.
III. – Master plans, sector plans and land use plans or any town planning document in lieu thereof must be compatible with the directives for the protection and enhancement of landscapes.
IV. – Their provisions are opposable to requests for authorizations for clearing, occupation and use of the land:
1 ° In the absence of a land use plan opposable to third parties or any town planning document in lieu thereof;
2 ° When a land use plan or any town planning document in lieu thereof is incompatible with their provisions.
V. – A decree in the Council of State sets the conditions for the application of this article.

Article L350-2

(Law n ° 2003-591 of July 2, 2003 art. 31 III 11 ° Official Journal of July 3, 2003) 
(Ordinance n ° 2004-178 of February 20, 2004 art. 6 II Official Journal of February 24, 2004) 
(Law nº 2004-1343 of December 9, 2004 art. 78 XIV e 2º Official Journal of December 10, 2004)
   The provisions relating to the protection zones for the architectural, urban and landscape heritage are set out in Articles L. 642-1 and L. 642-2 of the Heritage Code reproduced below:
“Art. L. 642-1 – On proposal or after agreement of the municipal council of the municipalities concerned, zones for the protection of the architectural, urban and landscape heritage may be established around historical monuments and in the districts, sites and spaces to be protected or enhanced for aesthetic reasons, historical or cultural.
“Art. L. 642-2 – Specific architectural and landscape prescriptions are instituted within these zones or parts of zones for the works mentioned in article L. 642-3.
” After investigation public, opinion of the regional heritage and sites commission set up by article L. 612-1 and agreement of the municipal council of the municipality concerned, the protection zone is created by decision of the administrative authority.
“The competent minister may discuss any protection zone project.
” The provisions of the protection zone are annexed to the local urban plan, under the conditions provided for in article L.

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