Par
Léa Giandomenico
Published on Oct 21, 2024 at 5:04 a.m.
When the winter period comes (and even from the autumn period), there is this small obligation that you must not forget, especially if you own land: clearing brush. Because it is indeed obligatory (in certain areas). And if you forget, you risk a (big) fine.
Who is affected by this rule?
First of all, let’s remember who is affected by this obligation. “Legal clearance obligations apply in woods and forests in areas exposed or particularly exposed to the risk of fire,” recalls the website of the Ministry of Ecology.
« And zone rural, you are affected by the clearing obligation if you are the owner of a construction, a site or an installation. In urban areas, This obligation concerns you if you are the owner of land, whether built or not,” recalls the site service-public.fr.
Et for rentals, the tenant must clear brush if this is mentioned in his lease.
Which areas are subject to the obligation?
However, not all territories are subject to compulsory clearing. To find out if you are affected, you can click on this map, which demarcates the areas where it is obligatory. And the service-public.fr website provides information on obligations region by region.
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Generally, these are the surroundings of woods and forests which fall into the category of areas where it is obligatory to clear brush. May therefore be affected, depending on the Ministry of Ecology, the following areas (when located in or less than 200 m from woods and forests):
- the surroundings of constructions, construction sites, installations;
- land (total land) located in an urban area delimited by a local plan
urban planning (PLU) approved; - concerted development zones (ZAC), subdivision or urban land association sectors;
- campsites;
- land located in areas subject to a risk prevention plan
forest fires
Please note, if your land is not subject to the legal obligation of clearing, clearing is not obligatory but still recommended if your home is close to a wooded area.
ALSO READ AREAS WHERE IT IS MANDATORY
What are the risks of not clearing brush?
Since clearing is mandatory, you risk being fined if you do not comply with the law. And it can climb quickly.
“If you do not respect the legal obligation to clear brush, the mayor (or the prefect if the mayor does not act) can give you formal notice to do so. The mayor can decide on a penalty of 100 euros maximum per day of delay. The total amount of sums required is a maximum 5 000 euros“, we read on the service-public.fr website.
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In certain (extreme) cases, the fine can even increase, and you even risk imprisonment. “If the fact that you did not clear brush allowed the spread of a fire which destroyed the property of others, you can be sentenced to a penalty of up to 1 year of imprisonment and 15,000 euros of fine. fine. »
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