Question 8741 — cultural heritage

Summary

Classification as natural sites and monuments, governed by articles L. 341-1 et seq. of the environmental code, constitutes a legal tool adapted to the protection of remarkable trees. This is a protection equivalent to that of historical monuments. Established in 1906 by the law organizing the protection of natural sites and monuments of an artistic character then modified by the law of 1930 and codified in the code of environment, this public utility easement is intended to protect natural sites and monuments whose conservation is of general interest from a picturesque, scientific, historical, legendary or artistic point of view. Natural monuments or classified sites cannot be destroyed or modified in their condition or appearance without special authorization. This protection is particularly suitable for the protection of trees. It was recently implemented with the classification of the monumental plane tree of Cézy in the Yonne department. Remarkable trees have been classified as sites for sometimes almost a century in most French departments because of their exceptional value: trees commemorating a great man or an event, natural curiosities, exceptional subjects due to their size or age, symbolic trees such as those of freedom, etc. The classification of a site can take place, following a public inquiry, by order of the Minister for Ecological and Inclusive Transition responsible for sites, if there is consent from the owner(s). Failing this, a Council of State decree is necessary. The classifications of isolated trees occurring in the 20th century were for the most part one-off classifications, for which the extent of the protection measure was not precisely defined. More recent tree classifications are careful to include the home range in which the individual extends its root system. It is in fact a question of preventing any traumatic operation for the underground parts of the tree by strict control of the work which could be envisaged in its immediate surroundings.

Machine translation from French. The official text remains authoritative.

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