Question 9153 — streams, ponds and lakes

Summary

Mr. Richard Ferrand draws the attention of the Minister of State, Minister of Ecological and Inclusive Transition, to the possible divergences of interpretation concerning the application of provisions linked to Law No. 2006-1772 of December 30, 2006 on water and aquatic environments between the Department of Water and Biodiversity and the French Federation of Windmill Protection Associations. They concern cases of interpretation of provisions contained in this law, in particular concerning ecological continuity, which can result in significant financial issues for the compliance of mills. An example put forward concerns the application of the new article L. 214-18-1 of the environmental code. The 2006 water law defined a classification of watercourses according to two lists, determined in article L. 214-17 of the environmental code, the the first not authorizing any construction if it creates an obstacle to ecological continuity, the second requiring the compliance of works which obstruct this continuity. Article L. 211-18-1, introduced in 2016, restricts the scope of application of Article L. 214-17 by establishing an exemption from the principle of restoring continuity, with mills producing electricity on the date of the law no longer being subject to to the rules linked to list 2 of watercourses. The French Federation of Associations for the Protection of Mills therefore considers that any mill regularly installed and equipped to produce electricity must be freed and exempt from compliance. However, it seems that the water and biodiversity department services consider that this exemption would only apply to water mills equipped by their owners to produce electricity regularly installed. Also, he wishes to know his position on these divergences of interpretation and the actions that could be taken to respond to them.

Machine translation from French. The official text remains authoritative.

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