“Climate and Resilience” Law: Zero Net Artificialization (ZAN) objective

Zero Net Artificialization (ZAN) objective of the "Climate and Resilience" law: Impacts on urban planning law

In this article, we examine the consequences of the "Climate and Resilience" law on urban planning law, presented by lawyers Sophie Marques and Youmi Campana.

Law No. 2021-1104 of August 22, 2021, known as the "Climate and Resilience" law, established an ambitious objective: achieving zero net land take by 2050.

Paragraph 6 bis added to Article L. 101-2 of the French Urban Planning Code, as amended by this law, states:

"In accordance with the objectives of sustainable development, the action of public authorities in the field of urban planning aims to achieve the following objectives:

6° bis The fight against soil artificialization, with a goal of net zero artificialization in the long term; »

The goal of net zero artificialization inevitably leads to an evolution of urban planning documents.

The law has therefore established several tools allowing drafters of urban planning rules to restrict the possibilities for project development on non-urbanized land, densify already urbanized areas, and convert brownfield sites.

This is notably achieved through the implementation of these objectives via regional planning, sustainable development and territorial equality schemes (SRADDET), territorial coherence schemes (SCOT), local urban plans (PLU) and municipal maps.

The SRADDET plays a crucial role in aiming to achieve, on the regional territory, "the absence of any net land artificialization as well as, progressively over ten-year periods, a reduction in the rate of artificialization. This objective is adapted to the different parts of the regional territory" (Article L. 4251-1 of the General Code of Local Authorities). The update of the SRADDET must be carried out within two years, i.e., before August 22, 2023.

Other planning documents must then comply with the provisions of the SRADDET:

– SCOTs must be updated within 5 years, failing which the zones identified in Article L. 142-4 of the Urban Planning Code cannot be opened to urbanization until the revised or modified scheme comes into force;
– PLUs and municipal maps must be updated within 6 years, failing which no planning permission can be granted in the zones to be urbanized of PLUs or in the constructible sectors of municipal maps.

Integrating the objectives of the "Climate and Resilience" law: Modalities and challenges

Two implementing decrees of the "Climate and Resilience" law, adopted on April 29, 2022, specified the methods for integrating the objectives of combating soil artificialization into SRADDET, as well as the nomenclature of surfaces concerned by soil artificialization.

On June 22, 2022, the Association of Mayors of France filed two appeals before the Council of State to challenge these two decrees.

"These appeals aim in particular to 'secure the terms of application of the law […] before the regions have integrated the objectives into their SRADDET'."

Lawyers Sophie Marques and Youmi Campana share their expertise on the legal aspects related to the zero net artificialization objective of the "Climate and Resilience" law.

For more information on this topic, contact us.