Question 33304 — departments

Summary

Mr. Stéphane Travert draws the attention of the Minister of Ecological Transition to the pre-emption zones created for sensitive natural areas. 91 pre-emption zones have been established since 1982 in the Manche department, representing 9,415 hectares spread over 89 municipalities. Among these pre-emption zones, which are tools for preserving biodiversity and landscapes, 50 were created by prefectural decrees. In its opinion no. 439 801 of July 29, 2020, the Council of State indicates that the right of pre-emption is no longer applicable in the pre-emption zones created by the prefects, unless the department has included them in the pre-emption zones that it itself created under sensitive natural areas. As it stands, in the Channel, 39 pre-emption zones (5,370 hectares) are becoming obsolete, with consequences particularly delicate from a legal and contentious point of view. He asks what response can be given to this legal uncertainty with potentially harmful consequences.

Machine translation from French. The official text remains authoritative.

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