Question 22900 — overseas

Summary

Ms. Manuéla Kéclard-Mondésir draws the attention of the Minister of Territorial Cohesion and Relations with Local Authorities to the transfer on January 1, 2021 of the public domain of the State to the communities in Martinique and Guadeloupe. Law No. 2015-1268 of October 14, 2015 updating overseas law, known as the ADOM law, and particularly its article 27 sets the conditions for the transfer of urban areas (U) and of diffuse urbanization (UD) of fifty geometric steps from the public domain of the State towards the public domain of the Guadeloupe region and the territorial collectivity of Martinique. This article, the regulatory application of which remains unclear, sets a succession of deadlines which are violated. Paragraph IV stipulates: “No later than January 1, 2018, with a view to the transfer provided for in III of this article, the State and the regional council of Guadeloupe, on the one hand, and the State and the local authority of Martinique, on the other hand, adopt, for each territory, in consultation with the local authorities concerned, a strategic document for the development and development of the zone of fifty geometric steps. The Guadeloupe regional council adopted this document on November 9, 2018, eleven months after the legal deadline. Likewise, the consultation procedures on the delimitation of sensitive areas remain absent. As a result of this situation, the domain to be handed over no later than January 1, 2021 to the Guadeloupe Region and the local authority of Martinique can no longer have a legal existence. A vacuum of regulation of urban areas and diffuse urbanization of the coast of Martinique and Guadeloupe can only be detrimental, and in particular raises fears of pressures and desires. There is therefore an urgent need to modify article 27 of law 2015-1268 of October 14, 2015 in order to allow continuity of governance of these spaces by the public authorities. She therefore asks him what measures she intends to take in this perspective.

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