Public utility easements are administrative limitations on the right to property, they are instituted, by one or more acts, for the benefit of public persons, concessionaires of public services or public works, or private persons engaged in an activity in the public interest.
The collection and conservation of public utility easements is a sovereign task of the State, which must bring them to the attention of local and regional authorities so that they may annex them to their urban planning documents. The public utility easements concerned are those defined by Articles L. 126-1 and R. 126-1 of the Urban Planning Code and their annexes.
The easements established by Article L. 2223-5 of the General Code of Local Authorities in the vicinity of Cemeteries (INT1) extend within a radius of 100 metres around new cemeteries transferred outside the municipalities.
In this section:
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 requires the obtaining of 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 situated less than 100 metres from a transferred cemetery, the building permit, the development permit or the decision taken on the prior declaration shall be the place of authorisation provided for in Article L. 2223-5 of the General Code of Local and Regional Authorities where the decision has been the subject of an agreement by the mayor, if the mayor is not the competent authority to issue the permit.
This easement is only present in 2 municipalities in the Compiègnois region, namely Remy and Tracy-le-Mont in the current state of knowledge of the Geographic Information Service.
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