In which case is brush clearing mandatory?
Verified 02 August 2023 - Legal and Administrative Information Directorate (Prime Minister)
Do you want to know if you have a legal obligation to clear your land? We are taking stock of the regulations.
Clearing (or clearing) consists in reducing plant materials of any nature (grass, branching, leaves...) in order to reduce the intensity of fires and slow their spread. This may involve, for example, pruning trees or shrubs or removing cutting residues (branching, grass...).
The prefect shall determine the conditions for carrying out brush clearing according to the nature of the risks.
FYI
in areas which are not particularly exposed to fire risks (in practice, near forests), mayors (or presidents of public inter-municipal cooperation establishments) identify fire risks in areas of their communes not covered by a plan for preventing foreseeable natural risks. This targeting is passed on to the prefect.
In rural areas, you are subject to the clearing obligation if you own a construction, construction site or installation.
In urban areas, this obligation applies to you if you own land, whether built or not.
Please note
in case of rental, your tenant can clear brush if mentioned in his lease.
Several areas are subject to the legal requirement to clear brush
To find out if you are subject to this obligation, you can consult the following search tool:
Search for areas affected by the legal requirement to clear brush
FYI
if your land is not subject to the legal requirement to clear brush, clearing is not mandatory, but still recommended if your home is close to a wooded area.
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Auvergne-Rhône-Alpes
For further information, you can contact the city council or the prefecture.
Who shall I contact
Corsica
The edges of all woods and forests are subject to the brush-clearing obligation.
Nouvelle-Aquitaine
For further information, you can contact the city council or the prefecture.
Who shall I contact
Occitanie
For further information, you can contact the city council or the prefecture.
Who shall I contact
Provence-Alpes-Côte-d'Azur
For further information, you can contact the city council or the prefecture.
Who shall I contact
Other region
The prefect may define areas subject to the brush-clearing obligation.
For further information, you can contact the city council or the prefecture.
Who shall I contact
The ideal time is winter period but brush clearing can be done all year round.
In rural areas
You have an obligation to clear your land and keep it in a brushed state if it is located within 200 meters of a forest or forest.
This operation must be carried out around your home over a depth of 50 meters. Along the access roads to your land (road, trail, private road), brush clearing must be done around your home over a depth of 10 meters on both sides of the track. A municipal or prefectural decree may amend these rules. For more information, you can contact the city hall or the prefecture.
Warning
outside territories classified as fire risk by law, a prefectural decision may require brush clearing on your land up to 50 meters around your home (even if this obligation extends beyond the neighbors' land).
If your brush clearing operation extends beyond the boundaries of your property, you must inform the owner of the neighboring land by any means that the brush clearing operation will also involve his land.
You have to ask them for permission to enter their land to do this.
Authorization must be given within one month. However, you must remind him that, as long as he does not give you this authorization, this brush clearing operation remains at his expense.
FYI
The access authorization is valid for three years. However, the owner of the neighboring land can revoke it. In this case, the obligations extending to its territory shall be borne by it.
If you have not obtained permission from the owner of the nearby land, you must notify the mayor.
In urban areas
Municipality with local city planning plan (PLU) or equivalent
You have an obligation to clear your land and keep it in a brushed state if it is located within 200 meters a wood or a forest.
Warning
outside territories classified as fire risk by law, a prefectural decision may require brush clearing on your land up to 50 meters around your home (even if this obligation extends beyond the neighbors' land).
If your brush clearing operation extends beyond the boundaries of your property, you must inform the owner of the neighboring land by any means that the brush clearing operation will also involve his land.
You have to ask them for permission to enter their land to do this.
Authorization must be given within one month. However, you must remind him that, as long as he does not give you this authorization, this brush clearing operation remains at his expense.
FYI
The access authorization is valid for three years. However, the owner of the neighboring land can revoke it. In this case, the obligations extending to its territory shall be borne by it.
If you have not obtained permission from the owner of the nearby land, you must notify the mayor.
Commune without PLU
You have an obligation to clear your land and keep it in a brushed state if it is located within 200 meters a wood or a forest.
This obligation is borne by you over a depth of 50 meters around your home (the prefect can carry this obligation up to 200 meters maximum).
Warning
outside territories classified as fire risk by law, a prefectural decision may require brush clearing on your land up to 50 meters around your home (even if this obligation extends beyond the neighbors' land).
If your brush clearing operation extends beyond the boundaries of your property, you must inform the owner of the neighboring land by any means that the brush clearing operation will also involve his land.
You have to ask them for permission to enter their land to do this.
Authorization must be given within one month. However, you must remind him that until he gives you this authorization, this clearing operation remains at his expense.
FYI
The access authorization is valid for three years. However, the owner of the neighboring land can revoke it. In this case, the obligations extending to its territory shall be borne by it.
If you have not obtained permission from the owner of the nearby land, you must notify the mayor.
Yes, you can bring in a professional and contract with them to clear your land and keep it in a brush-free state.
You can benefit under certain conditions from a tax credit if you employ someone to clear your land.
In the event of a sale or lease or renewal, you must inform the future owner or tenant of their obligation to clear the land or to keep it in a brushed state and of the existence of any easements.
If you do not comply with the legal obligation to clear brush, the commune (or the prefect if the commune does not act) can demand that you do so. The mayor can decide on a penalty payment of €100 maximum per day of delay. The total amount of the amounts required is not more than €5,000.
You will have to pay this penalty from the notification the formal notice and until you do the clearing, or until the mayor (or the prefect) has it done at your expense. Recovery of sums shall be effected by the end of each quarter. The Mayor may grant you a partial or full fee waiver if you show that you were unable to meet all your obligations due to external circumstances.
The municipality may also impose a administrative fine up to €30 per square meter not brushed.
In addition, you risk a criminal fine of €1,500.
If your failure to clear the brush allowed a fire to spread that destroyed the property of others, you may be sentenced to up to 1 year imprisonment and €15,000 fine.
If it's your home, your insurer can apply a additional deductible of a maximum amount of €5,000.
Definition (L131-10), brush clearing imposed by prefectural decision (L131-11 et seq.)
Areas concerned (wood and forests classified as "fire-risk")
Territories concerned (list of regions and departments exposed to fire risks)
Perimeter of brush clearing
Permission to enter neighboring land
Notice to clear brush (Rule R134-5)
Administrative fine
Damage to others: Article 322-5
Exemption applicable by the insurer in the event of damage (Article L122-8)
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Ministry of the Environment