TRANS-FAIRE experiments with a single environmental authorization

On November 3, 2014, TRANS-FAIRE attended an information meeting on the single authorization procedure set up on an experimental basis in the Rhône-Alpes and Languedoc-Roussillon regions for a period of 3 years (generalization across all regions is expected within a timeframe yet to be determined).

Some key points to remember:

Regulatory texts > Ordinance no. 2014-619 of June 12, 2014 relating to the experimentation of a single authorization for IOTA subject to authorization under the law on water and aquatic environments, which specifies the framework of the experimentation (sector, duration, assessment rules) and modifies the provisions of the Environmental Code for the experimental departments and Decree no. 2014-751 of July 1, 2014 implementing this ordinance, which specifies in particular the content of dossiers, instruction deadlines, mandatory and optional consultations…

Scope of application > Concerns all files requiring a water law authorization (the declaration procedure is not concerned). The single authorization covers land clearing, protected species exemptions, and authorizations for classified sites and nature reserves. In the absence of a water law authorization, standard procedure for these other authorizations.

A single point of contact > The Water Police.

Procedural points > A desire to harmonize these procedures with town planning authorizations (proof to be provided within 10 days of submission of the request for authorization that the town planning authorization file has indeed been submitted). A systematic preliminary scoping meeting.

Timeframes > Standardized timeframes for all procedures (10 months for signature of the authorization order from submission of the application). Once the application has been submitted, 5 months are required to complete the appraisal before the public inquiry and signature of the authorization order (which must take place within 10 months). During the 5 months, project review between the project owner, the BETs and the various departments concerned (possibility of requesting additional information suspending the current appraisal deadline).

Overall consideration of the environment > The desire for consistency between measures taken under different authorizations.

A real innovation with operational added value > Possibility of transferring the authorization (including in the case of a protected species exemption).

While the aim is to simplify and harmonize procedures to ensure that the environment is better taken into account in urban projects, and to make procedures more operational, many questions remain, particularly as regards the level of definition expected of projects. We are thinking in particular of the drafting of an impact study at the ZAC creation stage for a project that will subsequently be subject to a water law authorization and possibly a protected species exemption and/or a land clearing authorization.

TRANS-FAIRE is involved in several projects within this experimental framework. We put all our creativity to work with project owners and the relevant authorities to develop high-quality projects.

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