Ten days in the field and 55 individual interviews allowed Dominique Lacroix and Jean-François Desbouis appointed by the Ministers for Overseas and the Energy Transition to lead a mission in parallel with the review of the natural risk prevention plan (PPRN) by the prefecture services, to make seven recommendations.
These proposals will be included in the report which will be submitted to the ministries concerned by mid March at the latest. These are not final measures; the final decision to modify the PPRN accordingly belongs to the departments of the environment department (Deal) of Saint Martin.
1 - Authorization to rebuild in the dark red zone
Today, the PPRN prohibits the reconstruction of a property destroyed by a hazard, in the dark red zone. The mission suggests lifting this ban. However, "reconstruction will only be possible under conditions aimed at reducing the risk of vulnerability," said the mission. A notice defining these conditions must be drawn up by an architect and annexed to the PPRN.
Dominique Lacroix and Jean-François Desbouis noted on the ground that the number of houses destroyed was low, that it was "more of a quality of construction problem than it is easy to solve", recognized Dominique Lacroix .
The reconstruction authorization will not, however, exempt from the obligation to request an urbanization authorization.
2 - The abolition of the obligation to comply within 5 years
Today, undestroyed houses must be brought up to standard within five years to reduce the risk of vulnerability; the PPRN regulations provide for a list of improvements to be made that can be financed by the Barnier Fund under certain conditions.
The mission suggests removing this requirement because it found that, even if the 80% of the work could be financed by the Barnier Fund, the financing of the remaining 20% could be difficult for some people.
In addition, even if standardization is not made compulsory, aid other than the Barnier Fund can be granted to improve housing if a flood prevention action program (PAPI) exists for example.
3 - Favor an obligation of result rather than means
The mission took the example of the obligation to place the sleeping quarters upstairs. "While this may seem like a good solution in general, it may not be in some cases. We propose to put a paragraph in the regulations, saying that the owner will have to specify where the room is located and for what reasons, he cannot put it upstairs, ”confides the mission.
4 - Abolition of the obligation to prove the building permit
People carrying out work must justify the initial building permit. In certain situations in the 50 geometric steps, this rule poses difficulties. This is why the mission suggests removing it from the PPRN regulations, especially since it does not concern a question of prevention or protection.
However, this does not mean that it is deleted from the town planning code where, therefore, it remains.
5 - Clean the PPRN rules
The mission suggests deleting sentences or paragraphs that are not subject to the regulations or that have no connection with Saint-Martin (gas pipes, river banks, etc.).
6 - Strengthen collaboration between the State and the COM in town planning
The mission suggests the development of a doctrine and more joint work in the examination of planning permission application files.
It is justified by citing the following example: if someone applies for a permit to extend his house by 55 square meters but the regulation only provides for a maximum of 50 m2, but the 5 m2 difference makes it possible to protect the house, he must ensure that the permit is authorized. The COM must not grant the permit and then the legality control service must refuse it. The development of a doctrine to prevent this type of situation makes perfect sense depending on the mission.
The mission also offers support to the COM in drafting its PAPI or flood prevention action program
7 - Regularization of the 50 geometric steps
The mission will suggest to the State to reinforce the means in order to allow the services of the Domains in Guadeloupe to finalize the conventions with the COM by the month of June. An agreement must already be signed in February.
However, the mission did not accept the proposal to be able to construct new buildings (houses or hotels) in the dark red zone.
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