Question 17032 — security of property and people

Summary

Ms. Catherine Dellong Meng draws the attention of the Minister of Ecological Transition, Biodiversity and International Negotiations on Climate and Nature to the legal obligation to clear bushes. The law of July 10, 2023 aimed at strengthening the prevention and fight against the intensification of the extension of fire risk, reinforces the obligation, for land located less than 200 meters from woods and forests, to clear brush. over 50 meters around the buildings and over 10 meters on either side of the private access roads to the buildings. As part of a forest fire risk prevention plan (PPRIF), the obligation can be extended up to 100 meters around buildings. Clearing is the responsibility of any owner, or tenant, of constructions, sites or installations of any kind, located less than 200 meters from woods and forest. This clearing obligation must be carried out including on neighboring land, after having informed the neighboring owners (article L. 131-12 of the forest code). This obligation therefore places the legal obligation to clear bush on people whose property is located near a forest, but who in most cases do not own the forest. However, in the event of a fire, how can you prove that all steps to clear brush were taken by these neighbors of the forests? In addition, this legal obligation to clear brush also implies control by municipal police, but these new missions have not been compensated by the State. In addition, 20% of municipalities do not have municipal police, which means that this mission will fall to mayors who are already overwhelmed. This makes the real control of law enforcement. If this text goes in the right direction, it is still largely insufficient to effectively fight against forest fires. The prevention and fight against fires, as well as the protection of forests more generally, must be part of an interministerial policy equipped with resources commensurate with the challenges. She therefore asks her if she is considering an evaluation of the implementation of the legal obligation to clearing. It also asks what measures it intends to implement to fight effectively against the fires which ravage France and more particularly the south of France and the Gard, each year.

Machine translation from French. The official text remains authoritative.

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