The ranking of the Omaha Beach site: archives and documents

The great classified site of Omaha Beach

The consequences of the classification

Normal maintenance and operation work that does not result in alteration of the site can be

Authorized without specific formalities. To ensure the maintenance of the quality of the premises, the work

Likely to change the appearance of the premises are subject to special authorization. This work must

Receive the agreement of the competent Minister after consulting the Site Commission or the Prefect (e.g.:

Construction or modification of a building, excavations and floor raisings, hedge razing

Or significant felling of trees, etc.).

Are prohibited in fact:

- the practice of camping outside the authorized fields,

- parking of caravans even for less than three months, mobile homes and

The development of land to receive this type of accommodation. Any derogation from this

Prohibition can only be granted by the competent minister after the opinion of the

Sites,

- display and advertising.

What is a classified site?

What is a ranking?

The classification of a site under the law of May 2, 1930, now codified in Articles L 341 -1 et seq. of the Environmental Code, constitutes recognition at the highest level of the quality of a place. It offers the most effective ways to ensure the preservation of its exceptional qualities, whether picturesque, historical, scientific or legendary.

It brings a national label to a landscape whose conservation appears to be of general interest (L 341.1 of the Environmental Code).

What are the consequences of a ranking?

a ‐ Normal maintenance and operation work that does not result in alteration of the site may be authorized without specific formalities (circular of 19 November 1969).

By way of example, the following are normally authorized:

· the improvement and maintenance of existing buildings, subject to compliance with current urban planning and construction regulations,

· the farm in the plots and areas reserved for this purpose; and the grazing of animals,

· herbal fences (such as wooden poles + wire or sheep's wire).

A classification as sites affects soil law, but has no impact on regulations governing activities such as attendance, hunting, fishing.

b ‐ To ensure the quality of the premises : some work is subject to special authorization

The purpose of the classification of a site is to maintain the quality of the premises (Article L 341.10 of the Environmental Code). It is similar in this to an ND zone of a land use plan. However, it does not, like the latter, provide a pre-established regulation, it submits to special authorization all work likely to modify the appearance of the premises.

This work must receive the approval of the competent Minister after the advice of the Site Commission or the Prefect (works subject to declaration under Articles R 421 ‐1 (except paragraph 2), R 422-1 2nd paragraph and R 422-2 of the Urban Planning Code as well as the construction of fences).

For example are subject to the agreement of the Minister

• the construction or modification of a building,

• the demolition of buildings,

• the opening of a career,

• searches or enhancements of the self,

• the raining of hedges, extensive felling of trees,

• the construction or transformation of major power lines (more than 63 kV and more than 1 km),

• the construction of new roads or paths.

and must receive the agreement of the Prefect:

• renovation work on a building,

• the construction of a fence,

• the construction of power lines less than 63 W and less than 1 km in length,

• frames and greenhouses less than four meters high and 2,000 m2,

• garden sheds near a house.

The criteria for assessing a project can be defined as follows:

• be useful to the local economy, security, etc.

• not being able to be implanted outside the site,

• integrate all precautions to ensure the best integration at the site and the minimum negative effects on the surrounding environment,

• and of course, be compatible with the urban planning regulations in force.

c ‐ Are Prohibited in fact

· the practice of camping (art. 2 ‐ Decree of February 9, 1968), outside the authorized land

· the parking of caravans even for less than three months, mobile homes, and the development of land to receive this type of accommodation (art. R 443-9 of the Urban Planning Code). Any derogation from this prohibition may only be granted by the competent Minister after the opinion of the Site Commission.

· posting and advertising (Article 4 - Law of December 29, 1979)

No derogation is possible.

The sale of a property is free. The seller (or his notary) is required to inform the buyer that the property is in a classified site.

The decision to expropriate a plot of land for reasons of public utility cannot be taken without the Minister in charge of the sites having submitted his observations (Article L 341.14 of the Environmental Code).

No easement may be established by agreement on a natural monument or a classified site without the approval of the Minister in charge of sites (Article 13 of the Law of 2 May 1930 ‐ 3rd paragraph).

EXTRACTS FROM THE ACT CONCERNING SITES

TITLE IV SITES

CHAPTER 1ST REGISTERED AND CLASSIFIED SITES

SECTION 1 INVENTORY AND CLASSIFICATION

Amended by Law No. 2002-92 of January 22, 2002, art.24X (JORF of January 23, 2OO2).

A list of natural monuments and sites whose conservation or preservation presents, from an artistic, historical, scientific, legendary or picturesque point of view, a general interest is established in each department.

The departmental commission of sites, perspectives and landscapes takes the initiative of the registrations it deems useful and gives its opinion on the registration proposals submitted to it, after having informed the municipal council of the municipality concerned and having obtained its opinion.

Registration on the list is pronounced by order of the Minister in charge of sites and, in Corsica, by deliberation of the Assembly of Corsica after the opinion of the State representative. A decree in the Council of State establishes the procedure according to which this registration is notified to the owners or is the subject of advertising. Advertising can only be substituted for notification in cases where it is made impossible due to the high number of owners of the same site or natural monument, or the impossibility for the administration to know the identity or domicile of the owner.

Registration entails, on land within the limits set by the decree, the obligation for the interested parties not to carry out work other than those of day-to-day operation with regard to rural land and normal maintenance with regard to constructions without having notified the administration of their intention four months in advance.

Art. L. 341-2

Monuments, natural and sites registered or not on the list drawn up by the departmental commission can be classified under the conditions and according to the distinctions established by this section.

The departmental commission on sites, perspectives and landscapes takes the initiative of the classifications it deems useful and gives its opinion on the classification proposals submitted to it.

When the Superior Committee on Sites, Perspectives and Landscapes is directly seized of a request for classification, it is referred to the departmental commission for the purpose of investigation and, if necessary, a proposal for classification. In case of emergency, the minister in charge of sites sets a deadline for the departmental commission to issue his opinion. If it does not take a decision within this period, the Minister shall consult the Superior Commission and give the follow-up to the application.

Art. L. 341-3

When a natural monument or a site belonging in whole or in part to persons other than those listed in Articles L. 341-4 and L. 341-5 is the subject of a classification project, the interested parties are invited to submit their observations according to a procedure fixed by decree in the Council of State.

Art. L. 341-4

The natural monument or site included in the public or private domain of the State is classified by order of the Minister in charge of sites, in the event of agreement with the minister in whose attributions the natural monument or site is placed as well as with the minister in charge of the domain.

The same is true whenever it comes to classifying a lake or a stream likely to produce a permanent power of 50 kilowatts of electrical energy.

Otherwise, the classification is pronounced by decree in the Council of State.

Art. L. 341-5

The natural monument or the site included in the public or private domain of a department or municipality or belonging to a public institution is classified by order of the minister in charge of the sites if there is consent of the public owner.

Otherwise, the classification is pronounced, after the opinion of the Superior Committee on Sites, Perspectives and Landscapes, by decree in the Council of State.

Art. L. 341‐6

The natural monument or site belonging to any person other than those listed in Articles L,_341-4 and L._341-5 is classified by order of the Minister in charge of sites, after consulting the Departmental Commission for Sites, Perspectives and Landscapes, if there is the consent of the owner. The order determines the conditions of the classification.

In the absence of the consent of the owner, the classification is pronounced, after the opinion of the superior commission, by decree in the Council of State. The classification may give the right to compensation for the benefit of the owner if it results in a change in the state or use of the premises determining direct, material and certain damage.

The claim for compensation must be filed within six months of the formal notice given to the owner to modify the condition or use of the premises in accordance with the specific requirements of the filing decision. In the absence of an amicable agreement, the compensation is fixed by the expropriation judge.

If the Government intends not to proceed with the automatic classification under the conditions thus laid down, it may, at any time during the procedure and no later than within three months of the notification of the judicial decision, repeal the classification decree.

The classification of a lake or a river capable of producing a permanent electrical energy of at least 50 kilowatts can only be pronounced after the opinion of the ministers concerned. This notice must be made within the period of three months, at the end of which It may be disregarded.

In case of agreement with the ministers concerned, the classification may be pronounced by order of the minister in charge of the sites. Otherwise, it is pronounced by decree in the Council of State.

Art. L. 341‐7

From the day on which the site administration notifies the owner of a natural monument or site of its intention to continue its classification, no changes may be made to the inventory or their appearance for a period of twelve months, unless special authorization and subject to the current operation of rural land and normal maintenance of buildings.

When the identity or domicile of the owner is unknown, the notification is validly made to the mayor who ensures the posting and, if necessary, to the occupant of the premises.

Art. L. 341-8

Any order or decree pronouncing a classification is published, by the administration in charge of the sites, at the mortgage office of the situation of the classified building.

This publication, which does not give rise to any collection for the benefit of the Treasury, is made in the forms and manner prescribed by the laws and regulations concerning land advertising.

Art. L. 341-9

The effects of the classification follow the natural monument or the classified site, in a few hands that it passes.

Anyone who alienates a natural monument or a classified site is required to inform the purchaser of the existence of this classification.

Any alienation of a natural monument or a classified site must, within fifteen days of its date, be notified to the minister in charge of the sites by the person who consented to it.

Art. L.341L-10

Natural monuments or classified sites may not be destroyed or modified in their condition or appearance unless specially authorized.

Art. L. 341-11

On the territory of a site classified under this chapter, it is mandatory to bury electrical or telephone networks or, for power lines with a voltage of less than 19,000 volts, to use techniques of torsed networks in the facade of the house, when creating new power lines or new telephone networks.

When imperative technical necessities or topographic constraints make burial impossible, or when the impacts of this burial are considered greater than those of an overhead line installation, this prohibition may be exceptionally derogated from by joint order of the Minister responsible for energy or telecommunications and the minister responsible for the environment.

Art. L. 341-12

From the day on which the site administration notifies the owner of a natural monument or an unclassified site of its intention to pursue its expropriation, all the effects of the classification apply automatically to that natural monument or site. They cease to apply if the declaration of public utility does not take action within twelve months of this notification. When the public utility has been declared, the building can be classified without further formality by order of the Minister in charge of sites.

Art. L. 341‐13

The total or partial decommissioning of a monument or a classified site is pronounced, after the opinion of the departmental or superior commissions, by decree in the Council of State. The downgrading is notified to the interested parties and published at the mortgage office of the situation of the property, under the same conditions as the classification.

The decommissioning decree determines, on the agreement of the Council of State, whether or not the compensation provided for in Article L. 341-6 is appropriate.

Art. L. 341‐14

No natural monument or site classified or proposed for classification may be included in an investigation for the purpose of expropriation for reasons of public utility only after the Minister in charge of the sites has been called upon to submit his observations.

No one may acquire by prescription, on a natural monument or on a classified site, the right to modify its character or change the appearance of the place.

No easement may be established by agreement on a natural monument or a classified site only with the approval of the Minister in charge of the sites.

Art. L. 341‐15

The list of classified natural sites and monuments is kept up to date. During the first quarter of each year, the nomenclature of natural monuments and classified or protected sites during the previous year is published in the Official Journal.

SECTION 2 ORGANIZATIONS

Art. L. 341-IL6

Amended by Law No. 2003-591 of July 2, 2003, art. 31 III 12° (JORF of July 3, 2003).

A site, perspective and landscape commission sits in each department.

This commission, chaired by the prefect, is composed of representatives of the State, elected representatives of local authorities and qualified personalities in terms of site protection, living environment and natural sciences.

In Corsica, the powers assigned to the sites, perspectives and landscapes commission are exercised by the Corsican site council provided for in Article L. 4421-4 of the General Code of Local Authorities.

Art. L. 341-17

A superior commission on sites, perspectives and landscapes is placed with the minister in charge of sites.

This commission, chaired by the Minister responsible for sites, is composed of representatives of the ministers concerned, deputies and senators appointed by each of the assemblies, qualified personalities in the field of site protection, the living environment and the natural sciences designated by the minister responsible for the sites.

Art. L. 341-18

A decree in the Council of State establishes the conditions of application of this chapter, in particular the composition, the method of designation and the operating procedures of the commissions provided for in Articles L. 341-16 and L. 341-17.

SECTION 3 CRIMINAL PROVISIONS

Art. L. 341-19

Amended by Law No. 2003-59.1 of 2 July 2OO3, art. 31 III 10° (JORF of July 3, 2OO3).

I. - Is punishable by a fine of 9,000 euros:

1° The fact of carrying out work on a natural monument or a registered site without notifying the administration under the conditions provided for in Article L. 341-l-, paragraph 4;

2° The fact of alienating a natural monument or a classified site without making the purchaser aware of the existence of the classification or without notifying this alienation to the administration under the conditions provided for in Article L. 341-9;

30 The establishment of an easement on a natural monument or a classified site without the approval of the administration under the conditions provided for in Article L. 341-14.

II. ‐ Is punishable by the penalties provided for in Article L. 480-4 of the Urban Planning Code

1° The fact of making changes to a natural monument or a site pending classification in violation of the provisions of Article L. 341-7

2° The destruction or modification in its state or appearance of a natural monument or a classified site without the authorization provided for in Article L. 341-10;

3° The fact of not complying with the requirements set by a decree creating a protection zone taken pursuant to Article 19 of the Law of 2 May 1930 aimed at reorganizing the protection of natural monuments and sites of an artistic, historical, scientific, legendary or picturesque nature and continuing to produce its effects pursuant to the third paragraph of Article 72 of Law No. 83-8 of 7 January 1983 on the distribution of competences between municipalities, departments, regions and the State.

III. ‐ The provisions of Articles L. 480‐1, L. 480‐2, L. 480‐3 and L. 480‐5 to L. 480‐9 of the Urban Planning Code are applicable to infringements of paragraph 4 of J'article L. 341‐1 of this Code and to the provisions referred to in II, subject only the following conditions:

1° The infractions are also noted by the officials and agents commissioned for this purpose by the minister in charge of the sites and by the officials and agents commissioned and sworn to establish the violations in forestry, hunting and fishing matters;

2° For the application of Article L. 480-5 of the Urban Planning Code, the court decides either on the compliance of the premises with the prescriptions formulated by the minister in charge of the sites, or on their restoration to their previous state

3° The right of access provided for in Article L. 460-1 of the Urban Planning Code is open to representatives of the Minister in charge of sites; Article L. 480-12 of the same code is applicable.

Art. L. 341-20

The destruction, mutilation or degrade of a natural monument or a registered or classified site is punishable by the penalties provided for in Article 322-2 of the Criminal Code, without prejudice to any damages.

Art. L. 341‐21

The officers responsible for establishing the offences mentioned in Articles L. 341-19 and L. 341-2 may seize the object of the offence as well as the instruments and vehicles used to commit the offence.

The costs of transportation, maintenance and custody of the seized objects are borne by the defendant.

The conviction judgment may declare the confiscation of the object of the offence as well as the instruments and vehicles used to commit the offence.

Art. L. 341-22

The provisions of this chapter are applicable to natural monuments and sites regularly classified before May 2, 1930 in accordance with the provisions of the law of 21 April 1906 organizing the protection of natural sites and monuments of an artistic nature.

CHAPTER II OTHER PROTECTED SITES

Art. L. 342-1

When a particular scientific interest or the needs of the preservation of the mineralogical heritage justify it, the destruction or alteration of the sites whose list is fixed by order of the Minister responsible for the protection of nature is prohibited, because of their importance for the understanding of the history of the earth and the use of natural resources by man. Access and collection of any mineral object may be regulated or, if necessary, prohibited by the administrative authority.

The provisions of Chapter V of Title 1 of Book IV of this Code shall apply.