2023-09-18 06:30:17
Since 2021, the Climate-Resilience law has required local authorities to reduce the artificialization of land in France. Faced with the difficulties of elected officials in applying it, a new law has just been published to facilitate its implementation and achieve the objective of net artificialization equal to zero by 2050.
Over the last decade, between 20,000 and 30,000 hectares have, on average, been artificialized each year in France. This change in land use occurs mainly to the detriment of agricultural areas and represents between 6 and 9% of the entire territory. In 2021, the Climate-Resilience law formulated a dual objective to combat this phenomenon. On the one hand, halve the rate of artificialization between 2021 and 2031, compared to the previous decade, that is to say limit the alteration of these surfaces to 125,000 hectares over 10 years, compared to 250,000 previously . On the other hand, achieve net artificialization equal to 0% (ZAN: Zero net artificialization) by 2050, which means having as many or more “renatured” surfaces as artificialized surfaces.
These objectives are translated very concretely by obligations applicable to local authorities, but their implementation comes up against the inadequacy of the texts and poorly anticipated practical difficulties. For example, major projects decided by the State, such as large seaports or high-speed rail links, will consume around 20,000 hectares of the national land-use envelope by 2031, while elected officials local people have no way of controlling their impact. A news law was published on July 20, 2023 in order to facilitate the reduction of land artificialization. It does not call into question the framework or general spirit of the Climate-Resilience law on land artificialization, but aims to facilitate its application.
Thus, the law provides for a minimum consumption area of natural, agricultural and forest areas of one hectare for each municipality covered by a PLU (Local Urban Planning Plan). This surface area is intended to provide a guarantee to municipalities, particularly small and rural ones, so that their development prospects are not sacrificed within the framework of the territorialization of the “ZAN” objectives. It will nevertheless be counted in the overall artificialization envelopes authorized under the Climate-Resilience law and should be revised downwards after each ten-year period, with a view to contributing to the achievement of the “ZAN” by 2050 .
Major projects will no longer be attributed to local authorities
An important point of this new law concerns the methods of accounting for projects of national and European scope. The artificialization induced by the latter will not be attributed to the local authorities, but will be taken into account as part of a national package set at 12,500 hectares for the entire country for the period 2021-2031. In the event of an excess, the additional consumption cannot be charged to the envelope of local authorities or their groups. A regional conciliation commission on land artificialization will be created in each region and will include equal parts representatives of the State and the region concerned. In the event of disagreement on the list of major projects of major general interest, it may be referred to the region at the request of the region.
The law also offers a right of pre-emption on spaces suitable for land renaturation or recycling. It will authorize communities to take deliberations to delimit priority sectors to be mobilized because of their major land potential to promote the achievement of the objectives of the fight against artificialization. These can for example be land contributing to the preservation or restoration of nature in the city, areas with high potential in terms of renaturation, land likely to contribute to urban renewal, to the optimization of density urbanized spaces or the rehabilitation of wastelands. A stay of proceedings is also introduced and is intended to suspend the issuance of permits for projects which could compromise the achievement of the objectives of reducing the consumption of natural, agricultural and forestry areas.
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