Use restrictions applicable to polluted sites and soils are measures aimed at limiting or prohibiting the use of a contaminated site in order to protect public health and the environment. These restrictions are generally put in place after a thorough environmental assessment has determined that the site's contamination is significant enough to pose a risk to human health or the environment.
Use restrictions may include measures such as restricting access to the site, prohibiting the use of certain parts of the site or certain activities, or requiring the implementation of contamination management measures, such as ventilation systems or physical barriers to prevent the spread of pollutants.
Such restrictions may also be accompanied by monitoring and surveillance measures to ensure that contamination levels remain below acceptable limits and that contamination management measures are effective.
Restrictions are necessary to protect human health and the environment, and to ensure that contaminated sites are managed safely and responsibly.
They may take the form of :
- public easements (SUP): A public easement is a restriction imposed on real estate to enable a project of general interest to be carried out. This easement may be imposed by the State, local authorities or public corporations to meet specific community needs,
- information gathering (PAC): the PAC enables the State to share data on natural and technological risks, air, water and soil quality, biodiversity, archaeology, etc. with local authorities and project developers. This information is essential for assessing the environmental and heritage impacts of land development projects, and for making informed decisions,
- projects of general interest (PIG): PIGs generally concern land development projects, the construction of transport or energy infrastructures, or economic development. They are set up to enable projects of major general interest to be carried out, in derogation of current town planning or environmental protection regulations,
restriction d'usage conventionnelle au profit de l'Etat (RUCPE): RUCPE is an agreement signed between the landowner and the State, giving the latter special rights over the land in question. The RUCPE can be set up in a number of situations, notably to protect drinking water catchment areas, sensitive natural areas, archaeological sites, or areas exposed to natural or technological risks. RUCPE can be initiated by the State or by the landowner,
or restriction d'usage entre parties (RUP): Restriction d'Usage entre Parties (RUP) is a conventional easement that allows two neighboring owners to mutually regulate the use of their respective properties, with the aim of preserving their privacy, tranquility or safety.