The Problems of the Late Implementation of the Legal Prevention Measures for Flood Risk
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7 E3S Web of Conferences, 13010 ( 2016) DOI: 10.1051/ e3sconf/20160713010 FLOOD risk 2016 - 3rd European Conference on Flood Risk Management The problems of the late implementation of the legal prevention measures for flood risk Valérie Sanseverino-Godfrin1,a 1 Mines-Paristech PSL Research University Centre de recherches sur les Risques et les Crises, CS 10907, 06904 Sophia- Antipolis Cedex, France Abstract. Three main laws, 13th July 1982, 2nd February 1995 and 30th July 2003, have reformed the French legal framework and introduced special measures to prevent flood risks. Besides, completing these measures, the urban planning law have imposed since the 1987 Law that the urban planning documents have had to take into account the natural hazards to define the buildable areas. But, the late implementation of the prevention provisions and the lack of the urban planning documents concerning the natural hazards have led to a development of the urbanism in the flood prone areas. As consequences, most of the constructions are not flood proof, and many large damages are caused each time a flood occurs. We present this problematic through 8 municipalities in three departments (Aude, Gard, and Var). elaborate flood management plans, which concern in 1. Context particular measures Oto reduce the probability of According to the French Ministry of Ecology, involved flooding and its consequences and address all phases of in the natural hazard prevention policy, more than 17 the flood risk management cycle, focusing particularly million people are exposed to flood risk (overflow) in on preventing damages by avoiding constructions of France, that is to say one person out of four and 1.4 houses and industries in present and future flood-prone million people are exposed to marine submersion [1]. areas or by adapting future developments to the risk of The flood risks in Mediterranean areas are mostly flash P. Moreover, it is also necessary to provide flood risks, there are defined as: the level of the rainfall special prescriptions to building structures, may be more than 200 millimetres within 24 hours or infrastructures and activities erected in flood-prone 200 millimetres within 6 hours for some extreme events areas [5]. [2];, the kinetic and the flow velocity are fast, with a short time to e alert and evacuate the people. The floods In order to understand the French concerns are a natural phenomenon that can be hardly prevented regarding the damages in urban areas caused by the and the anthropogenic activities and climate change floods, we first explain the legal framework that contribute to increase the likelihood and adverse concerns the flood prevention, the urban development impacts [3]. Indeed, the urbanism has often been and the natural disaster insurance. The three are linked developed in floodable zones, which is one of the major and define the way to prevent and compensate the factors of the rise in human and material damages. In its damages caused by natural hazards in general. The O P 4], the European prevention section within the legal framework is Environment Agency indicates that between 1980 and relatively old and has regularly evolved since its 2000, the urban area in Europe has increased by 20% creation particularly at the end of the XX° century and and in Southern Europe, most of this growth is located the beginning of the XXI° century. The first legal in territory potentially impacted in particular by floods provision was instituted by a decree-law in 1935 (30 [5]. The exposure to flood risk is paradoxically linked October) with the Submersible Surface Plan (Plan de with positive natural amenities: to live near a river for Surface Submersible M PSS). This provision was under the sight, the beauty of the landscape. Moreover, the the responsibility of the French State. The aim of the riversides have been key zones for the economic PSS was to allow water to flow freely. In order to activities and in particular for the commercial activities, achieve this aim, the PSS implied first to identify the which has fostered irreversibly the urban development. flood-prone areas and then to control the urbanisation in The concentration of the people and goods in the zones these areas. However, the PSS only addressed to the exposed to natural hazards explain the high tribute in main rivers in France (Seine, Rhône, Garonne...) and case of disaster [6]. In this situation, the flood the provision was not applied to small rivers. prevention is critical for the safety of people and goods. A second provision was instituted in 1955 in the Besides, the control of urban development in flood- article R. 111-3 of the French Urban Code: the Risk prone areas and the flood mitigation for the buildings Perimeter led the Prefect to identify the areas exposed and activities already sited in these areas are one of the to natural hazard (all types of natural hazards and not problems that the public authorities have to cope with only the flood) and to control the future urbanisation in and for which they have to set adapted prevention these areas. It was a provision under the responsibility policies. As Pottier et al. [7] noticed, the traditional of the prefects of the departments which was very solution to these problems is to try to use land use simple and quick to use, and allowed the planning or building regulation systems or both to implementation of certain building rules to cope with prevent the conversion of areas liable to flooding to the natural hazards (e.g. a minimum of two stories in urban land uses. The 2007 Directive concerning flood flood-prone areas) as well as the prohibition of management has imposed for all the member States to constructions in highly exposed areas. a Corresponding author: [email protected] © The Authors, published by EDP Sciences. This is an open access article distributed under the terms of the Creative Commons Attribution License 4.0 (http://creativecommons.org/licenses/by/4.0/). 7 E3S Web of Conferences, 13010 ( 2016) DOI: 10.1051/ e3sconf/20160713010 FLOOD risk 2016 - 3rd European Conference on Flood Risk Management The real beginning of the natural hazard policy was 111-3 and PER. It has been envisaged on the same with the 13 July 1982 Law, which instituted a natural model as the PER aims and principles. The objective is hazard compensation and the Natural Hazard to delineate the areas exposed to natural hazards and to R provide mitigation and prevention measures to protect Naturels M PER). The PER, under the competence of the people and the goods. The PPR, under the competence prefects of the departments, addressed all natural of the prefects of the departments, is a centrally directed hazards, except forest fire. The aims of the PER were to set of arrangements applied at the level of the identify and delineate areas exposed to natural hazards: municipalities. The procedure to elaborate a PPR O!P"!# implies first a decree from the prefect to prescribe the the future constructions and activities were forbidden; PPR, indicating in particular the natural hazards and the O$ !P " " municipalities concerned. Then, the study of the PPR natural hazards where the constructions and the project begins and a draft of the future PPR is activities could be authorised with prevention elaborated and submitted to a public survey (an %&#!P administrative procedure that aims to collect the public hazards. Moreover, the PER bylaw could impose opinion on the project) and to a consultation involving prevention or protection measures concerning the diverse administrative institutions. In a last phase, the existing buildings and activities, to enhance R draft, amended with the comments of the population safety. The prevention measures based on the and the administrative institutions, is approved by a elaboration of the PER was linked with the insurance of prefectoral decree. The prefects working with the damages caused by natural disasters (it is still linked to Territory Departmental Services (Direction the prevention provision with the PPR M see below). Départementale des Territoires M DDT- a representation The insurance is specific for natural disasters and is at the departmental scale of the Ministry of Ecology) based both on the solidarity and the insurance technics. elaborate the maps delimiting hazard zones, provide the The compensation covers the disaster caused by the corresponding land use zoning and prevention and Oabnormal intensity of a natural factorP, for the non- protection measures [8]. To elaborate the PPR, the insurable risks and in case of the failure of prevention prefects and the DDT can use the Methodological measures. So, in principle, the compensation is given guides concerning PPR, written by the Ministry of only when the prevention measures have been set up Ecology. The PPR bylaw may impose, for example, to but they are not sufficient regarding the exceptional the municipalities the structural measures to be set (e. g. characteristic of the natural event. To be insured against dikes) and for the property owners, the type of material damages caused by natural disasters, people construction materials, the structural features of the are insured for their goods (properties, economic construction and also the occupancy and the use of activities, vehicles). An additional premium is paid but buildings. In the zones regulated by a PPR, property it is not calculated regarding the level of risk: each owners have to implement the PPR prescriptions, to insured person pays this additional premium according enhance the safety of the future constructions and to a rate set by the government, whatever the exposition activities and also for the existing buildings and to natural hazard. In case of natural disaster, an activities. But, for the existing ones, the cost of the interministerial committee analyses whether the event prevention or protection works does not have to exceed corresponds wit O $ *+,$R' " %' ( ) The 2003 Law has reinforced the prevention decree of natural disaster (arrêté de catastrophe framework, especially concerning the flood risk with naturelle) is enacted, this leads the insurers to give the provisions like the public information, the restoration of compensation.