This servitude is established in the vicinity of cemeteries by Article L. 2223-5 of the General Code of Local and Regional Authorities.
Within a radius of 100 meters around the new cemeteries transferred outside the municipalities:
No one may, without authorisation, raise any dwelling or dig any well;
— existing buildings may not be restored or increased without authorisation;
— wells may, after contradictory visits by experts, be filled by order of the prefect at the request of the mayor.
This easement does not have the effect of rendering the land within this radius inconstructible but only as a result of
to obtain a prior authorisation issued by the mayor pursuant to Article R. 425-13 of the Urban Planning Code.
In accordance with Article R. 425-13, where the project relates to a construction less than 100 metres from a
cemetery transferred, building permit, development permit or decision on prior declaration
the authorisation provided for in Article L. 2223-5 of the General Code of Local and Regional Authorities shall be replaced by the authorisation provided for in Article L. 2223-5 of the General Code of Local and Regional Authorities, where the
decision has been agreed by the mayor, if the mayor is not the competent authority to issue the permit.
Texts in force:
Articles L. 2223-5 and R. 2223-7 of the General Code of Local and Regional Authorities Article R. 425-13 of the Urban Planning Code
These easements may be established under Article L. 515-8, within a perimeter defined around an installation classified for the protection of the environment (ICPE), which is liable to create, by reason of the danger of explosion or the emanation of harmful products, very significant risks to the health or safety of neighbouring populations and to the environment (installations subject to authorisation with easements, referenced AS in the nomenclature of ICPE annexed to Article R. 511-9 of the Environmental Code). They shall include:
— prohibitions or limitations on the right to set up buildings or structures, as well as the right to set up campgrounds or caravan parking grounds;
— subordination of building authorisations to comply with technical requirements to limit the hazard
exposure to explosions or the insulation of buildings from toxic fumes,
— limitations on the number of employees employed in industrial and commercial facilities which would be created at a later stage.
Those easements may be established under Article L. 515-12:
—on land polluted by the operation of an installation
—on the right-of-way of waste disposal sites or in a 200-metre strip around the operating area, or on the right-of-way of former quarry sites or around such sites on surfaces the integrity of which requires respect for public safety and public health.
Texts in force:
—Articles L. 515-8 et seq. of the Environmental Code
issued by Order No. 2000-914 of 18 September
2000 on the legislative part of the Environmental Code,
—Article L.515-12 of the Environmental Code from Law No 2002-276 of 27 February 2002 on community democracy
—Articles R. 515-24 to R. 515-31 of the Environmental Code
issued by Decree No 2007-1467 of 12 October 2007 on Book V of the regulatory part of the Environmental Code and amending certain other provisions of that Code.
—nomenclature of ICPE annexed to Article R. 511-9 of the Environmental Code.
The entities covered by this data are related to public safety and affect land use.
With the collection of easements from third parties, DDT-77 cannot guarantee the completeness and accuracy of the deferral of these easements on a large-scale map.
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