Question 5692 — woods and forests

Summary

Mr. Yannick Chenevard draws the attention of the Minister of Ecological Transition, Biodiversity, Forests, Sea and Fisheries to the application of Law No. 2023-580 of July 10, 2023 aimed at strengthening the prevention and fight against the intensification of the extension of fire risk. The said law consolidated the provisions relating to legal clearing obligations (OLD). The latter constitute one of the pillars of protection against the risk of fire, contributing to the protection of people, property, natural and forest areas. They make it possible to reduce the intensity of fires and move fire fronts away from human installations, also protecting intervention forces, allowing them to concentrate on fighting the fire. If the general principle of OLDs is understood and widely accepted, these obligations pose nevertheless certain difficulties in their practical application, both for communities and individuals. This is particularly the case when these obligations concern the land of third parties who are themselves not subject or sometimes unreachable. Article L. 134-6 of the Forest Code, amended by the said law, provides for a legal obligation to clear brush and maintain a cleared state applicable to territories particularly exposed to fire risk. It concerns land located less than 200 meters from woods and forests and applies to the surroundings of constructions, construction sites and installations of all kinds, to a depth of 50 meters (the mayor can increase this obligation to 100 meters). The OLD concerns the owner of the issue that gave rise to it and the area to be cleared can, depending on the location of the construction, extend beyond his own land, on that of a third party not subject to the OLD and sometimes unreachable. The owners of the land and property concerned, generally peri-urban and rural, do not always have the financial means necessary to carry out large-scale forestry work. Many of them, particularly retirees, have neither the availability, nor the physical capabilities, nor the equipment that would allow them to comply at a lower cost. The consequences for these can be particularly important, especially financially. Penalties and criminal fines can amount to several thousand euros in addition to criminal proceedings and possible automatic clearing of brush at their expense. Furthermore, in the event of damage linked to a forest fire, insurers may apply an additional excess of 5,000 euros. It is why several levers could be mobilized to help these owners assume their obligations on land that does not belong to them. The idea of ​​a dedicated tax credit, initially adopted by an amendment in the Senate, was ultimately rejected. Municipalities are not legally able to support owners with their expenses. However, given the unique nature of the burden which consists of incurring major work on a neighbor's land, wouldn't a coordinated aid system be possible? Also, he asks him his position regarding a possible assistance system for the owners concerned.

Machine translation from French. The official text remains authoritative.

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