In which case is brush clearing mandatory?
Verified 12 April 2024 - Directorate for Legal and Administrative Information (Prime Minister)
The requirement to clear brush depends on the geographical location of your land. If it is not subject to the legal requirement to clear brush, the brush will remain recommended to reduce the risk of fire. 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.
In rural areas, you are subject to the clearing obligation if you are the owner of a construction, construction site or installation.
In urban areasHowever, this obligation applies to you if you own land, whether built or not.
Please note
in the case of a rental, your tenant must clear the brush if this is 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
Department | Affected areas |
|---|---|
Ardèche | Approaches to all woods and forests |
Drôme | Forest approaches (except those of the lower-risk forest areas defined by Prefectural Decree) |
Other | Areas demarcated by decision of the prefect |
For further information, you can contact the city council or the prefecture.
Corsica
The edges of all woods and forests are subject to the brush-clearing obligation.
Nouvelle-Aquitaine
Department | Affected areas |
|---|---|
Charente | Forest approaches (except those of the lower-risk forest areas defined by Prefectural Decree) |
Charente-Maritime | Approaches to all woods and forests |
Deux-Sèvres | Approaches to all woods and forests |
Dordogne | Approaches to all woods and forests |
Gironde | Approaches to all woods and forests |
Moors | Approaches to all woods and forests |
Lot and Garonne | Forest approaches (except those of the lower-risk forest areas defined by Prefectural Decree) |
Pyrenees-Atlantiques | Approaches to all woods and forests |
Vienna | Approaches to all woods and forests |
For further information, you can contact the city council or the prefecture.
Occitanie
Department | Affected areas |
|---|---|
Ariege | Approaches to all woods and forests |
Aude | Approaches to all woods and forests |
Aveyron | Approaches to all woods and forests |
Guarded | Forest approaches (except those of the lower-risk forest areas defined by Prefectural Decree) |
Haute-Garonne | Approaches to all woods and forests |
Gers | Approaches to all woods and forests |
Herault | Forest approaches (except those of the lower-risk forest areas defined by Prefectural Decree) |
Batch | Approaches to all woods and forests |
Lozère | Approaches to all woods and forests |
Hautes-Pyrénées | Approaches to all woods and forests |
Pyrenees-Orientales | Approaches to all woods and forests |
Tarn | Approaches to all woods and forests |
Tarn and Garonne | Forest approaches (except those of the lower-risk forest areas defined by Prefectural Decree) |
For further information, you can contact the city council or the prefecture.
Provence-Alpes-Côte-d'Azur
Department | Affected areas |
|---|---|
Alpes-de-Haute Provence | Forest approaches (except those of the lower-risk forest areas defined by Prefectural Decree) |
Hautes-Alpes | Forest approaches (except those of the lower-risk forest areas defined by Prefectural Decree) |
Alpes-Maritimes | Forest approaches (except those of the lower-risk forest areas defined by Prefectural Decree) |
Bouches-du-Rhône | Forest approaches (except those of the lower-risk forest areas defined by Prefectural Decree) |
Var | Approaches to all woods and forests |
Vaucluse | Forest approaches (except those of the lower-risk forest areas defined by Prefectural Decree) |
For further information, you can contact the city council or the prefecture.
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.
The ideal time is winter period but brush clearing can be done all year round.
Warning
If brush clearing is done during drought, there is a risk of fire. In addition, care must be taken not to destroy species during brush clearing during the nesting period.
It all depends on whether your land is located in rural or urban areas.
Rural area
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.
If the 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 concern 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.
If you have not obtained permission from the owner of the land next door, you must notify the city hall.
FYI
In areas particularly prone to fires, the prefect may decide that brush clearing will be done automatically (for example, by the services of the town hall), and at your expense, on your land up to 50 meters around your home (even if this obligation extends over the land of the neighbors).
Urban area
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.
If the 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 concern 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.
If you have not obtained permission from the owner of the land next door, you must notify the city hall.
FYI
In areas particularly prone to fires, the prefect may decide that brush clearing will be done automatically (for example, by the services of the town hall), and at your expense, on your land up to 50 meters around your home (even if this obligation extends over the land of the neighbors).
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).
If the 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 concern 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.
If you have not obtained permission from the owner of the land next door, you must notify the city hall.
FYI
In areas particularly prone to fires, the prefect may decide that brush clearing will be done automatically (for example, by the services of the town hall), and at your expense, on your land up to 50 meters around your home (even if this obligation extends over the land of the neighbors).
YesHowever, you can bring in a professional and contract with him to clear your land and keep it in a brushed state.
You can benefit under certain conditions from a tax credit if you employ someone to clear your land.
In case of sale or lease (or lease renewal), you must inform the future owner or lessee of his obligation to clear or maintain the land in brushed condition and of the existence of any easements. This information must appear in the promise to sell and the bill of sale or the lease.
In case of sale, you must certify on the honor that the measures relating to the obligation to clear or maintain in the state of brush have been complied with. This attestation on honor must be attached to the promise of sale and to the deed of sale.
If you do not comply with the legal duty to clear brush, the mayor (or the prefect if the mayor 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
