Question 16877 — streams, ponds and lakes

Summary

Mr. Benoit Mournet draws the attention of the Minister of Ecological Transition and Territorial Cohesion to the definition of containment systems as provided for by the water law. Indeed, certain plain valleys, such as the Adour valley, are currently protected by municipal works, often of low height, not retained in containment systems as defined by article R. 562-14 of the code of environment by the EPCI with its own taxation in charge of GEMAPI due to the low collective stakes that they protect or unfavorable economic analyzes mainly due to the costs inherent in such classification. The GEMAPI frequently asked questions, co-published by the Ministry of Ecological and Inclusive Transition and the Ministry of Territorial Cohesion, in its version of May 27, 2019, indicated that “a reflection will be initiated by the administration, in particular with the National Water Committee, with the aim of allowing, within the framework of the nomenclature of the water law, the maintenance or construction of works to reduce vulnerability to the risk of flooding which do not fall under current section 3.2.6.0". This development could have responded to concrete situations on the ground today without a satisfactory regulatory response. She didn't have place and is no longer mentioned in the updated version of the GEMAPI frequently asked questions of March 1, 2024. At present, any municipal dike playing a protection role against flooding therefore systematically falls under section 3.2.6.0 under the responsibility of the Gémapien with very strong regulatory requirements, even for a class C structure within the meaning of article R214-113, requirements incompatible with realities economic of the territory for modest works. Also, he asks if work by the administration and the National Water Committee is planned on this point and if a future evolution of the nomenclature is envisaged with for example a class D, the contours and requirements of which would be to be determined, for existing or new works of reduced dimensions intended to combat events of high occurrence but little generators of overflows or damage. In the absence of such an evolution of the nomenclature, existing dikes have no regulatory status while at the same time, their neutralization or making transparent, as provided for by the texts, is not acceptable for local populations given their role in the territory. He wants to know his position on the subject.

Machine translation from French. The official text remains authoritative.

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