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Clearing undergrowth to prevent fire risk

Clearing and maintaining undergrowth is a legal obligation in Montpellier and in areas exposed to the risk of forest fires, under penalty of fine. Find out why, where, how and when to clear undergrowth.

When to clear undergrowth?

The most favorable periods for clearing brush are of course autumn, winter and early spring when plants have lost their leaves. Brush clearing work in summer, and at times of the day when the risk of fire is greatest (high temperatures and low humidity), should be avoided.

The most favourable periods for brush clearing are autumn, winter and early spring when plants have lost their leaves.

Why clear undergrowth?

  • Protect yourself, by protecting your home and land
  • Protect the forest by limiting the development of an accidental outbreak of fire from your property!
  • Secure firefighting personnel
  • Be in compliance with regulations
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Where to clear brush?

In exposed areas (woods, land in the nature of wood, forest, plantations of forest species, reforestation, moorland, scrub scrub scrubland) and up to a distance of 200 m from such land, brush clearance and maintenance in a state of brush clearance must be carried out:

  • At a depth of 50m around constructions and installations and 5m on either side of private access roads to buildings,
  • On the entire surface of the property's land, whether built on or not, located in an urban zone in the current urban planning document,
  • On land located in zones delimited and specifically defined as having to be cleared of undergrowth and maintained in a cleared state for the protection of constructions, by an approved forest fire risk prevention plan (PPRIF), the work being the responsibility of the owner of constructions, building sites and installations of any kind for the protection of which the easement is established.

How to clear undergrowth?

You can, depending on your availability:

  • Clear brush yourself with suitable equipment,
  • Hire a brush-clearing company (group together with your neighbors to get a good price and uniform results on your properties).

On exposed areas, carry out:

  • Trimming and removal of low, spontaneous woody vegetation;
  • Trimming and removal of dead, diseased or overgrown trees and shrubs;
  • Removal of the most flammable species (broom, heather, callune, thorny gorse, thyme, Aleppo pine, .);
  • Trimming and eliminating excessively dense trees and shrubs so that the crown of each tree or shrub retained is at least 5 m from its immediate neighbor. Trees grouped together in clumps may be retained and treated as a single individual, provided that the diameter of the clump is less than 10 m. Trees and shrubs must be kept at a distance of at least 5 m from their crowns;
  • All trees and shrubs must be cut back and removed within the perimeter of a construction so that the latter is at least 3 m away from the crowns of the trees and shrubs kept. By way of derogation, remarkable trees or shrubs, or elements of Languedoc or traditional heritage, located less than 3 m (including crowns) from a building, may be retained provided they are sufficiently isolated from the combustible stand so as not to be subject to their prefectoral order relating to brush clearance and maintenance in a brush-cleared state;
  • A pruning of retained trees and shrubs 3 m and over to between 30% and 50% of their height ;
  • Trimming and removal of all vegetation located in line with the roadway axis on roads open to public traffic, as well as private roads open to public traffic or giving access to constructions, building sites and installations of any kind, over a 4 m gauge, i.e. a minimum height and width of 4 m;
  • Removal of all slash.

As an exception to the provisions set out above, cultivated and regularly maintained agricultural and pastoral land, orchards and olive groves are sufficient for protection against forest fires and do not require specific treatment.

Vegetation to be cut back:

  • Brushwood
  • Undergrowth (bushes and shrubs)
  • Dead vegetation
  • High grass
  • Low branches on trees
  • Most flammable species

Vegetation to be retained:

  • Large isolated trees, including remarkable trees or shrubs or heritage features (a space of 3 m must separate branches from buildings)
  • Tussocks of shrubs
  • Some distant young trees

Maintaining undergrowth must be perennial. You must maintain and keep in a brush-cleared state as soon as the average height of woody vegetation regrowth exceeds 40 cm.

Note:

Lands in the nature of woods, forests, plantations of forest species, reforestations, moors, scrubland and garrigues with a cumulative surface area of less than the 4-hectare threshold are excluded from the scope of application, as are hedges and "linear woodlands" made up of lands in the nature of woods, forests, plantations of forest species, reforestations, moors, scrubland and garrigues with a maximum width of 50 m whatever their length;

Clearance is also mandatory for 5 m along public roads, power lines and railroad lines, which can lead to very complex cases, when several obligations overlap. In such cases, the work is the responsibility of the owner of the constructions, building sites, works and installations of any kind.

How to dispose of cut vegetation?

To dispose of cut vegetation, you can:

  • Drop them off at one of the déchèteries du territoire
  • Compost your cuttings and dead leaves (shredding reduces the fuel but doesn't eliminate it!)

The use of fire as a means of destroying your brushwood slash may be authorized to owners or assignees, but should only be used as a last resort.

Important: departmental health regulations prohibit the incineration of green waste and household waste in urban areas.

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Legal provisions

Clearing undergrowth is an obligation mainly linked to:

  • Article L322-3 of the Forestry Code where maintaining undergrowth is mandatory on areas located within 200 meters of land in the nature of woods, forests, moors, scrubland, garrigue, plantations or reforestation.
  • Article L-131-10 of the Forestry Code, which defines operations to reduce plant fuels of all kinds with the aim of reducing the intensity and limiting the spread of fires.

In the event of non-compliance with regulations

You expose yourself to penalties and a fine of up to €1,500. In addition, the authorities can give you formal notice to carry out the work, and impose a fine of €30 per m² subject to the brush clearance obligation. The commune, as a last resort and after formal notice, can have the work carried out at your expense and make you bear all the costs.

In the event of a claim, your home insurance will not systematically cover the damage. You may also be held liable, if the excessive density of vegetation present on your property has facilitated the spread of a fire.

Frequently asked questions

This action concerns owners or assignees whose property is located in the zone subject to the Obligation Légale de Débroussaillement (OLD).

The mayor must inform his fellow citizens affected by the OLD. This action is carried out in prevention of the forest fire risk to which Montpellier is subject and in accordance with prefectoral decree no. DDTM34-2013-03-02999 of March 11, 2013.

The purpose of sending this letter is informative, indicating to the owners concerned the plots and type of brush clearance to be carried out according to his situation.

This mailing was carried out automatically by extracting and cross-referencing a large amount of information: a few errors may have crept in among the 3,500 mailings, for which we apologize. You will find answers to your questions in the FAQ

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The parcels concerned are derived by cross-referencing the zone subject to the Obligation Légale de Débroussaillement (areas exposed to forest fires and its 200-meter band) and the land registry.

These data are then processed with information from the land registry (property tax) to identify addresses, and information from the urban planning services to determine whether the parcel is in an Urban, Non-Urban or Mixed zone (allowing differentiation of the type of brush clearance cited).

The address corresponds to the one used to contact the owner (via the land registry files: property taxes), and the cadastral references cited correspond to the property concerned by the Obligation Légale de Débroussaillement (For example: an owner living in downtown Montpellier but having an apartment that he rents in an area subject to the OLD will receive the mail at his personal address, and the cadastral references cited will be that of the apartment).

To find out the situation of the parcel(s) cited, you can consult the tax cadastre services website.

This information is normally already included in your letter. It is used to specify the type of brush clearance you have to implement. Depending on your location, you are situated in an "Urban Zone", "Non-Urban Zone" or "Mixed Zone".

First of all, please check that the cadastral references (bottom right of the letter) do not correspond to the property you own (see question no. 3)

We apologize for this error, which is the result of mass, automated processing of information (which may itself contain some erroneous cadastral data). We would therefore be grateful if you could send us an e-mail (with your name and contact details, as well as the cadastral references quoted) to inform us of the error so that we can update our listing: risquesmajeurs@ville-montpellier.fr

In parallel, it is your responsibility to contact the land registry services to update or correct the information. Updating could potentially take 1 to 2 years. For these reasons, it is possible that you may receive the OLD campaign letter again.

If you are a tenant, and you received this letter directly at the address of the property concerned, please forward this letter to your landlord.

You must inform the future owner. Code Forestier - Article L 134-16: In the event of transfer, the transferor informs the future owner of the obligation to clear brush. Whenever a lease is concluded or renewed, the owner must inform the lessee of this information.

In parallel, it is your responsibility to contact the land registry services to update or correct the information

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You received the letter because the apartment you own is on a plot of land affected by the legal obligation to clear undergrowth.

  • You are in a condominium: Please send us by return e-mail to risquesmajeurs@ville-montpellier.fr the references of your plot of land and the contact details of your syndic in order to update our listings. Please also forward your mail to the latter.
  • Your apartment is on a plot without "green spaces": Please send us by return mail to risquesmajeurs@ville-montpellier.fr the references of your plot and the contact details of your syndic in order to update our listings.
  • Your apartment is on a plot with "green spaces": You are therefore in the case of an Obligation Légale de Débroussaillement
.

  • Your plot has no "green spaces": You don't have to clear any brushwood. However, your residence may have green spaces, so please send us by return e-mail to risquesmajeurs@ville-montpellier.fr the references of your plot and the contact details of your syndic in order to update our listings. Please also inform the latter.
  • Your plot includes "green spaces": You are indeed within the scope of the Obligation Légale de Débroussaillement. This obligation is "permanent", so your pleasure garden must be maintained over time to guarantee the cleared state.

If the 50-meter perimeter to be cleared of undergrowth around your installations extends beyond your property, you may have to clear it on your neighbor's property. You must first check that your neighbor is not obliged to clear the area in question (see question no. 13), and if not, you must request access authorization.

If he refuses, you must give him formal notice to provide access within 1 month, otherwise the obligation will be transferred to him. The Mayor must be notified at the end of this period.

  • Code Forestier - Article L 131-12: "When an owner is required to clear undergrowth from his neighbor's land, the latter may not object to the work being carried out, but may carry it out himself.
  • Code Forestier - Article R 131-14: "When a person is required to clear brush from his neighbor's property, he must inform the owner and occupier of the neighboring land; ask them for permission to enter the land to carry out the work, and remind the owner that if permission is not granted within one month, the obligations are his responsibility. If authorization has not been given, the mayor will be informed."

First of all, you need to define the areas to be cleared of undergrowth (on my land, on neighboring land or on another neighboring property), and see which areas overlap. Arrange with your neighbors to carry out the work or share any costs.

Code Forestier - Article L 131-13: "In the event of overlapping Legal Brush Clearance Obligations (OLD) on the same plot of land, the work is the responsibility of the owner of the plot if he is himself subject to them. If the OLD overlap zone is located on a third party's parcel, the work is the responsibility of the owner of the building closest to a boundary of this parcel."

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Yes, these reminder campaigns are annual and their purpose is to remind people of these preventive actions in accordance with regulations and which must be maintained throughout the year.

Explanation of the obligation according to different typical owner cases:

Owner "A" living on a plot located in a Non-Urban Zone (with neighbors, plots "B" and "C", also in a Non-Urban Zone):

  • Zone 1: obligation to clear brush on owner "C" (no construction and Non-Urban Zone).
  • Zone 4: obligation to clear brush (area on his property and within his 50 m perimeter).
  • Zone 3: Overlay with the 50 m perimeter and the obligation of owner "B". However, owner "A"'s building is closer to the boundary of plot "C". Consequently, it is up to the owner of parcel "A" to create this zone.

Note: If the constructions on parcels "A" and "B" were equidistant from the boundary of parcel "C", distribution of works and charges between owner "A" and "B".

Owner "B" living in a Non-Urban Zone (with neighbors, plots "A", "C" and "D", which are in Non-Urban and Urban Zones):

  • Zone 2: obligation to clear brush on owner "C" (no construction and Non-Urban Zone)
  • Zone 4: The area to be cleared of brush overlaps with owner "A"'s 50 m perimeter. As this zone is located on his property, the clearing of brush is the responsibility of owner "A".
  • Zone 5: obligation to clear brush on owner "A"'s property (outside the 50 m perimeter of his building and Non-Urban Zone). This protection measure only concerns owner "B"
  • Zone 6: No brush clearance. The obligation falls to owner "D", who lives in the Urban Zone, where he will have to clear his entire plot of brushwood.

Owner "C" with a plot of undeveloped land in the Non-Urban Zone

  • No brushwood clearing obligation.
  • Zones 1, 2, 3 and 7: however, he must give access to his land to owners "A", "B" and "E" so that they can carry out the brush clearance work linked to their 50 m perimeters.

- Owner "D" with an unbuilt plot located in the Urban Zone (with neighbors, plots "B", "C" and "E", located in the Non-Urban, Urban and Mixed Zones):
o Obligation to clear brush from his entire plot, even zone 6.

Owner "E" living in an Urban Zone adjoining a Non-Urban Zone (consequently located in a Mixed Zone):

  • Obligation to clear brush from his entire plot.
  • Zone 7: Also obligation to clear brush from a 50 m perimeter around his building. In this example, owner "E" must carry out the work on the part of his property that overhangs plot "C"
.

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