The Minister of Overseas presented during the Council of Ministers an ordinance relating to the penal provisions and penal procedure of the code of town planning of Saint-Martin.
The statute of the community of Saint-Martin gives it the competence to determine the rules applicable in matters of town planning. It therefore adopted a local town planning code.
To complete the normative process, important work was carried out jointly with the State to determine the nature of the penal sanctions which must be applied to the infringements noted in the matter in this community, leading to a proposal formulated by the territorial assembly. This proposal was assessed by the ministries concerned. After in-depth consultation at the local level, the final project was submitted for the opinion of the community on February 18, 2019.
This text applies sanctions similar to those of the national code of town planning. He proceeds to bring the criminal provisions into line with the substantive rules applicable locally.
The execution of works which do not comply with the local town planning plan or the obstacle to the control missions exercised by the authorities, officials and authorized agents are thus incriminated. The judge may also order the interruption of work, demolition, compliance and reallocation of the soil.
The work of the operational committee of the environmental and town planning police in Saint-Martin has had the effect of carrying out targeted and concerted controls carried out by the State services (direction of the environment, of the development and housing, border police, gendarmerie (town planning unit)) and the community. They made it possible to identify numerous violations of the environment (construction in the risk zone of the natural risk prevention plan), town planning (lack of a building permit or prior declaration of work) and concealed work ( concealment of activity and employees, employment of foreigners without titles).
This ordinance contributes to strengthening the legal basis for penalizing town planning offenses, and participating in preventive reconstruction of the risks linked to climatic phenomena, and respecting town planning and environmental requirements.
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