Section 3: Concerted exercise of powers

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Article L1111-9-2

French General Code of Local AuthoritiesIn force

Updated 8 Nov 2023

In each region, a regional conference for the governance of the policy to reduce the artificialisation of land is established.

I.-The composition and number of members of the regional conference for the governance of the policy to reduce the artificialisation of land are determined by a decision of the regional council taken with the assent of the majority of the deliberative bodies of the public establishments of inter-communal cooperation with their own tax status that have jurisdiction over the local urban development plan and of the municipal councils of the municipalities that have not transferred jurisdiction over the local urban development plan. This commission must include at least one representative from each département within the regional perimeter, sitting in an advisory capacity.

Failing transmission of a proposal by the president of the regional council to the deliberative bodies and municipal councils mentioned in the first paragraph of this I within three months of the promulgation of the loi n° 2023-630 du 20 juillet 2023 visant à faciliter la mise en œuvre des objectifs de lutte contre l'artificialisation des sols et à renforcer l'accompagnement des élus locaux ou à défaut d'un avis conforme donné dans les conditions prévues au premier alinéa du présent I dans un délai de six mois à compter de la promulgation de la loi n° 2023-630 du 20 juillet 2023 précitée, la conférence régionale de gouvernance réunit :

1° Fifteen representatives of the region;

2° Five representatives of the public establishments mentioned in Article L. 143-16 of the town planning code;

3° Fifteen representatives of public establishments for inter-communal cooperation with competence in town planning documents, including at least one representative per department and three representatives of establishments not covered by a territorial coherence scheme;

4° Seven representatives of the municipalities with competence in town planning documents, including at least one representative per department;

5° Five representatives of municipalities not covered by a town planning document;

6° One representative of each department, sitting in an advisory capacity;

7° Five representatives of the State.

The composition of the regional conference for the governance of the policy to reduce land artificialisation ensures balanced representation of urban, rural, mountain and coastal areas.

The regional governance conference is chaired by the president of the regional council, the president of the Guiana Assembly, the president of the Martinique executive council or the president of the Mayotte departmental council.

In Corsica, the chamber of territories provided for in Article L. 4421-3 of this code replaces the regional governance conference for the policy to reduce the artificialization of land.

II.-At the initiative of the region or of a public establishment mentioned in article L. 143-16 of the town planning code belonging to the regional perimeter, the regional conference for the governance of the policy to reduce the artificialization of land may meet on any subject related to the implementation of the objectives to reduce the artificialization of land. It may also send the State analyses and proposals relating to this implementation. Where necessary, it may consult the associated public bodies mentioned in articles L. 4251-5, L. 4424-13 et L. 4433-10 of this code and in article L. 123-7 of the town planning code.

It is consulted as part of the qualification of projects of national or European scope, under the conditions provided for in 8° of III of Article 194 of Law no. 2021-1104 of 22 August 2021 on combating climate disruption and strengthening resilience to its effects.

It is also consulted as part of the qualification of regional-scale projects mentioned in 6° of article L. 141-8 du code de l'urbanisme. In this case, the State representatives mentioned in 7° of I of this article do not sit on the conference.

III.-The chairman or a majority of the members of the regional conference on the governance of the policy to reduce the artificialisation of land may decide to convene a departmental conference for any subject related to the implementation at municipal or inter-municipal level of the objectives to reduce the artificialisation of land. This departmental conference may forward to the regional conference analyses and proposals relating to the local implementation of targets to reduce the artificial land cover. Its composition is determined by the regional conference on the governance of the policy to reduce the amount of built-up land. It ensures balanced representation of urban, rural, mountain and coastal areas at departmental level.

IV.-Within three months of the deliberation prescribing the preparation or development of the documents provided for in articles L. 4251-1, L. 4424-9 and L. 4433-7 of this code and the article L. 123-1 of the French Town Planning Code and resulting in a change to the quantified targets or trajectories for reducing the amount of built-up land provided for in these documents, the regional governance conference for the policy to reduce the amount of built-up land may adopt, by deliberation and forward to the authority responsible for drawing up the aforementioned documents, a proposal relating to the establishment of regional targets for reducing the amount of built-up land. This proposal concerns the setting of a regional target and, where appropriate, its breakdown into sub-regional targets. During the deliberations relating to this proposal, the representatives of the region mentioned in 1° of I of this article sit in an advisory capacity. The draft documents referred to in the first sentence of this IV may not be adopted before this proposal has been forwarded to the region or, if not forwarded, before six months have elapsed.

V.-No later than one year after its last meeting, the regional conference on the governance of the policy to reduce the artificialisation of land will meet again to draw up an assessment of the implementation of the objectives to reduce the artificialisation of land. This review includes:

1° Elements making it possible to assess the methods and criteria for territorialising the targets for reducing artificial land use adopted at regional level, as well as the relevance of this territorialisation with regard to the territorial trajectories and needs observed;

2° Elements relating to the targets for reducing artificial land use set by the territorial coherence schemes, local town planning schemes and communal maps within the regional perimeter, making it possible to assess the overall consistency of these targets with regard to the targets adopted at regional level ;

3° Information relating to the amount of land artificialisation recorded since the start of the ten-year period provided for regional planning documents, making it possible to assess the trajectory required to achieve the targets for reducing artificialisation set by the regional document and by the territorial coherence schemes within the regional perimeter. These elements make it possible to assess the artificialisation of land recorded since the start of the same ten-year period within the perimeter of municipalities not covered by a local town planning plan or a local map and their contribution to achieving the targets for reducing artificialisation of land set by the regional document and by the territorial coherence schemes ;

4° Proposals for changes to the targets for reducing the artificialisation of land set by law and by planning documents with a view to the next ten-year period mentioned in 3° of this V.

VI.-Between 1 January and 30 June 2027, each regional conference for the governance of the policy to reduce the artificialisation of land provided for in this article will submit a report to Parliament setting out the level of land consumption and the results obtained with regard to the targets for reducing artificialisation adopted at regional level.

>The report will be published in the Official Journal of the European Communities.
Mariela Petrova

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Mariela Petrova

Mariela Petrova

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