Easements RESULTING OF THE APPLICATION OF ARTICLES L. 515-8 to L. 515-12 OF THE ENVIRONMENT CODE
1/Servitudes which 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 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 Environment Code).
These easements may include:
— Prohibition or limitation on the right to set up buildings or structures, as well as the right to develop campgrounds or caravan parking,
— making building permits subject to technical requirements aimed at limiting the danger of exposure to explosions or concerning the insulation of buildings from toxic fumes,
— limitation of the number of employees employed in industrial and commercial facilities which would be created later.
2/Servitudes which may be established under Article L. 515-12:
— on land polluted by the operation of an installation,
— on the right-of-way at waste disposal sites or in a 200-metre strip around the area of operation,
— or on the right-of-way of or around former quarries on surfaces the integrity of which requires respect for public safety and public health.
In addition to the prohibitions and requirements listed in (a), these easements may include:
— prohibition or limitation of changes in the condition of the soil or subsoil,
— limitation of the use of soil, subsoil and groundwater,
— subordination of these uses to the implementation of specific requirements,
— implementation of site monitoring requirements.
The generator of a public easement is a geographical entity whose nature or function induced, by virtue of regulations, constraints on the way the land is occupied on the surrounding land.
The disappearance or destruction on the site of the generator does not result in the removal of the easement(s) associated with it. Only a new act of annulment or repeal by the competent authority may legally remove the effects of the easement(s) in question.
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