.svg)
What is OLD?
To prevent the start and spread of forest fires, the Forestry Code mandates legal brush clearing obligations (OLD) for certain owners of homes, buildings, facilities, and equipment.
Brush clearing is defined as "operations to reduce plant fuel of any kind in order to decrease the intensity and limit the spread of fires. This may include pruning the trees that are kept and removing logging debris."
Who is subject to these OLD?
These OLD apply to owners of land located within 200 meters of woods or a forest:
- Located in a department particularly exposed to fire risk;
- Classified as fire risk.
The decree of February 6, 2024, lists the departments particularly exposed to fire risk (Article 3) as well as woodlands and forests classified as at risk of fire when the department is not mentioned in the list of those exposed to fire risk (Appendix 1).
Furthermore, this decree excludes woodlands and forests that are particularly exposed to risk:
- forest areas smaller than 0.5 hectares in a single contiguous block [located in departments particularly exposed to fire risk] ;
- as well as other forest areas at lower risk of fire in departments particularly exposed to fire risk (Appendix 2).
What are the implementation procedures for the OLD?
The OLD applies to land located within 200 meters of the woodlands and forests identified in the decree of February 6, 2024, and in particular in the following situations:
- around buildings, construction sites, and installations of any kind, to a depth of 50 meters (which may be increased to 100 meters by decision of the mayor);
- around private roads providing access to these buildings, construction sites, and installations of any kind, to a depth set by the prefect up to a maximum limit of 10 meters on either side of the road;
- around SEVESO-classified industrial facilities (ICPE), to a depth of 100 meters from the property boundaries of the establishment (which may be increased to 200 meters by decision of the prefect);
- around roads open to public traffic and railway lines;
- around overhead power transmission or distribution lines.
In cases where the OLD extends beyond property boundaries, it is necessary:
- to inform the owner or occupant of the neighboring property (if they are not the owner) in order to obtain authorization to enter the property to carry out the brush clearing operation;
- remind the owner that if authorization is not granted within one month, these obligations will become their responsibility;
- notify the mayor if authorization has not been granted.
Access authorization is valid for 3 years and may be revoked by the person who granted it. In such cases, the brush clearing obligations become their responsibility.
If an OLD overlaps onto a third party's plot that is not itself subject to an OLD, each person subject to these obligations must clear the areas closest to the boundaries of the plots containing the building, construction site, equipment, or installation of any kind that triggered their specific obligation.
Areas particularly exposed to fire that are located outside the fire-risk territories mentioned above are also subject to legal brush clearing obligations. These zones are identified locally by a prefectural decree issued by the State representative in the department.
Article written by:
