Law No. 85-30 on development and protection of mountains and Law No. 2016-1888 on the modernization, development and protection of mountain territories, France

Summary

This law designates mountains as areas of national interest and focuses on curbing construction in mountain areas, preserving agricultural land, protecting water bodies, and balancing tourism development with local interests and the vulnerability of the area to climate change.

As climate change impacts worsen, there will be economic impacts on mountain areas, especially those who rely on tourism. This may be both negative in winter, with less available snowpack for skiing, but positive in summer as locals change course to visit cooler destinations. Managing mountain areas, and considering their specific needs in larger territorial development plans will be crucial for ensuring their protection and continuous economic services.

These laws may be interesting to Members of Parliament or decision-makers from countries with mountain tourism activities in mountains who want to balance economic development this with preservation.

Overview

Location:

• France

Implementation sites:

• Single country
• Multiple locations

Mountain region:

• Alps; Pyrenees; Massif Central; Jura Mountains; Vosges Mountains; Mountains of Corsica

Solution scale:

• National

Ecosystem type(s):

• N/A

Solution type(s):

• Land use practice
• Policy and law

Sector(s):

• Agriculture
• Basic Infrastructure
• Plans & policy
• Tourism & Consumption
• Water

Climate impact(s) addressed:

• Altered growing seasons
• Drought
• Flood

Climate impact time-scale(s):

• Slow Onset

Main benefit associated with the solution:

• Economic benefits (e.g. job creation, tourism)

Co-benefit(s) associated with the solution implementation:

• Climate risk reduction (e.g. reduced risk from floods)
• Environmental benefits (e.g. biodiversity preservation, water security, food security)
• Social benefits (e.g. poverty reduction, inclusiveness and equity, health and well-being)

Implementation timeline:

• 1985

Sendai targets:

SDGs:

• 
• 
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• 
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Solution details

Main beneficiaries & outcomes

Law No. 85-30 was the first territorial law on mountains in France, and it provided the right to regulatory adaptation and paved the way for specific policies for mountain ranges. It recognized mountains as a set of territories of national interest, due to their economic, social, environmental, health and cultural role. It acknowledged that mountains are a source of heritage, as well as amenities. The law was further updated in 2016 to incorporate sustainable development in its objectives. In 2020, climate change mitigation and adaptation were also introduced as goals.

The law is responsible for many legislative and regulatory measures that extend to urban planning, tourism, agriculture, risk prevention, public services, taxation and the status of seasonal workers. These include:

• The creation of a national mountain council, which represents mountain territories on public policy matters, and includes representatives from parliament, regional councils, and French “departments” that have mountain areas. They focus on the development, management, and protection of mountain areas and coordinates public actions taking place in the mountains.
• The creation of “massif” committees, composed of representatives from regions, departments, and communes, as well as from public establishments focused on massif development, management, and protection. It is consulted on projects and planned activities in the massif, including territorial development and urbanism, or broader interregional programmes concerning massifs.
• The introduction of specific funding programmes called “interregional conventions for massifs”, which gather funds from the State and regions, alongside EU funding programmes.
• Specific massif climate adaptation plans, as developed by the massifs committees.
• Introduced an annual communal and departmental tax to help prioritize agricultural activities, fund equipment and services to promote tourism in mountains, particularly local initiatives, finance ski clubs for youth, and help prevent traffic accidents.
• Notably, the law aimed to develop both winter and summer tourism to enhance visits to mountain areas.
• Work to prioritize sustainable development for massifs, and focus development efforts bearing in mind environmental protection and combatting climate change.

Planning and implementation

Enacting this law required a balance between ensuring that different French territories were treated equally while allowing for legitimate differentiation between the issues faced. Furthermore, embedding mountain-specific needs into policies across different sectors was a challenge that had to be addressed.

The law is mainly implemented through mountain policies with participatory governance from parliamentarians, local representatives and non-governmental organizations within the designated committee for spatial planning, development and protection of each massif, who are represented in the national council for mountains. There are specific spatial planning and development schemes and climate adaptation plans for each massif, with specific funding programmes that combine funding from the national and regional levels. The law also designates state services such as a regional prefect for coordination and massif commissions.

Finance

N/A

Innovation

N/A

Capacities for design and implementation

Institutional

The implementation of the laws was supported by a willingness to introduce new committees to represent and work on different issues and a readiness to develop new funding schemes to fill gaps and needs for economic development. Representatives from different sectors and bodies also supported the prioritisation of activities during the law’s development.

Socio-cultural

Ensuring that different territories were treated equally and that mountain-specific needs were sufficiently considered were central to the implementation of these laws.

Outlook & Scalability