Zones of presumption of archaeological limitation
Throughout the national territory, the Heritage Code provides that certain categories of work and development are systematically and obligatory to the prefect of region to assess the risks of damage to the archaeological heritage and that it issues, where applicable, diagnostic or search prescriptions. The categories of works concerned are: areas of concerted development (ZAC) and subdivisions affecting an area greater than 3 ha, developments subject to impact study, certain scouring work subject to prior declaration and work on buildings classified as Historic Monuments (book V, article R. 523-4).
The Heritage Code also provides for the possibility of establishing, commune by communezones in which specific provisions, specific to each of them and specified in a prefectural order. These so-called zones "presumption of archaeological prescription", complete the general scheme by refining it. In these areas, the regional prefect must be seized: - either of all the permits to build, to develop, to demolish, as well as of the decisions of realization of zone of concerted development, - or of these same files "where they concern rights-of-way that exceed a threshold defined by the zoning order". Within these zones, the initial thresholds of area (10,000 m2) and depth (0.50 metres) provided for scouring, grading, soil removal, soil preparation or planting of trees or vines, removal or destruction of stumps or vines, creation of water reservoirs or irrigation channels can be reduced.
An area of presumption of archaeological prescription is not a planning easement. It allows the State, as in the general system, to take into account, through a scientific study or possible conservation,elements of the archaeological heritage affected or likely to be affected by public or private works contributing to the development". Consequently, the State may within the time limits fixed by the law formulate, in a decree, a prescription of archaeological diagnosis, archaeological excavation or indication of modification of the consistency of the project. This decision will be taken by ensuring "reconciling the respective requirements of scientific research, heritage conservation and economic and social development ".
The Heritage Code also provides that any person planning to carry out development may, before filing an application for authorization, refer to the regional prefect for examination whether the project is likely to give rise to archaeological requirements (Book V, Article L. 522-4).
Delimitation of zones of presumption of archaeological prescription
The delimitation of the zones of presumption of archaeological prescription is based on a compilation of data from the archaeological map (SIG PATRIARCHE). This is based on a diachronic approach (from ancient prehistory to modern times) and with the collaboration of regional research stakeholders (INRAP, CNRS, universities, community services, volunteer associations). The information gathered from surveys or excavations is mapped at the scale of the IGN map at 1/25,000 or the cadastre. The zones of presumption of archaeological prescription shall take into account the guidelines of the national programming adopted by the National Council for Archaeological Research, the current state of knowledge, regional programming and shall be "determined by order of the regional prefect after the opinion of the Interregional Archaeological Research Commission". From this point of view, the zones of presumption of archaeological prescription can integrate sectors of the territory considered as having high archaeological potential even if for the moment no vestige is proved. Finally, the delimitation of zones of presumption of archaeological prescription may be consistent with other procedures that also contribute to the protection of heritage and sites (ZPPAUP, protected areas, sites classified or listed as historic monuments, etc.)
Implementation and procedure
At 31 October 2023, in the Paca region, 335 municipalities out of 941 are concerned by an order of the regional prefectdefining a total of 918 zones covering 7.13% of the area of the regional territory. The decrees were transmitted to the prefects of departments and published in Collection of Administrative Acts. These decrees were also notified to the municipalities concerned.
The refinement of the general system is progressing continuously: new municipalities are under study and will soon be the subject of a prefectural decree; in the same way, zones of presumption of archaeological prescription already established are likely to be modified, in support of new discoveries and research results; the drafting of a new prefectural decree is then necessary.
- For further information, please contact:
- Pascale Barthès at 04 42 99 10 35 for the departments of Bouches-du-Rhône (13) and Var (83)
- Pascal Marrou at 04 42 99 10 32 for the departments of Alpes-de-Haute-Provence (04), Hautes-Alpes (05), Alpes-Maritimes (06) and Vaucluse (84).