Legislation regarding the protection of nature and natural resources aims to control all activities or constructions that could have an impact on the landscape and on flora and fauna.

Authorisation from the Ministry of the Environment is therefore necessary in order to renovate an existing building or carry out construction works in certain areas, such as close to a watercourse or in a green area.

Who is concerned?

Any natural or legal person planning to carry out construction works or renovate an existing building at a distance of less than 30 metres:

• from woods or forests of one hectare or more;
• from watercourses where a connection to the local sewage system is not possible or does not exist;
• from protected areas of municipal, national or EU interest (Natura 2000).

What types of projects are concerned?

Permits are required in particular for projects involving:

• buildings (houses, sheds, storage buildings, agricultural warehouses, etc.);
• road, motorway, port and airport infrastructure (roads, bridges, docking quays, runways, etc.);
• communication and telecommunication facilities (relay antennas, etc.);
• renewable energy systems (solar panels, wind turbines, etc.);
• energy, liquid or gas pipelines (heating, oil or gas pipelines, etc.);
• mines, sandpits, gravel pits and any collection of topsoil;
• any projects involving watercourses (catchment and disposal, course changes, etc.).

In addition, permits shall be required if the project is located:

• in any area covered by a general development plan outside a 'green area' (plan d'aménagement général - PAG) that is less than 30 metres:
  • from woods or forests of one hectare or more and protected areas;
  • from watercourses where a connection to the local sewage system is not possible or does not exist;
• in an area covered by a PAG classified as a 'green area' with respect to:
  • constructions intended for farming, gardening, market gardening, sylvicultural, viticultural, piscicultural, beekeeping or hunting purposes;
  • constructions intended for public use;
  • transport, communication, telecommunication and renewable energy production facilities as well as energy, liquid or gas pipelines;
  • the opening of mines, sandpits, quarries or gravel pits;
  • the collection of topsoil from surface areas exceeding 100 m²;
  • inert waste deposits exceeding a volume of 50 m³;
  • water intake and pumping tasks;
  • drainage, dredging, direct or indirect water diversions, strengthening of banks and straightening of watercourse beds;
  • creation of ponds or artificial lakes;
  • creation of a landfill;
  • reconstruction, external renovation or extension of an existing construction.

How to proceed

The applicant must send a 'nature protection' permit application to the Department of the Environment of the Ministry of Sustainable Development and Infrastructure (Département de l'environnement du ministère du Développement et des Infrastructures).

Applications must be sent in four copies (1 original and 3 copies) by registered letter. They must include:

• an extract of the land register on a scale of 1:2.500 indicationd the location of the project;
• a topographic map extract at a scale of 1:20,000 indicating the location of the project;
• a copy of the construction or renovation plans.

The application must clearly describe the planned construction or renovation.

Based on the opinion of the Nature and Forestry Agency, the Minister Delegate for Sustainable Development and Infrastructure shall either grant or refuse his approval (generally within 2 months of when the application was submitted).

In the event of refusal, a non-contentious appeal may be made to the Minister Delegate for Sustainable Development and Infrastructure. The applicant may also file an appeal with the administrative tribunal which shall rule on the substance of the case.

The nature protection permit does not release the applicant from having to obtain any other permits that may be required, such as:

• building permit;
• road permit (permission de voirie);
• watercourse permit;
• deforestation / clearing permit;
• CFL / Ministry of Transport permit;
• operating permit for classified establishments (known as 'commodo/incommodo' authorisation).

What are the deadlines?